DIY blunder


#1

Ok, found some stuff…Do I just need to file another divorce complaint with the domestic action civil cover sheet marking it as an amedment? Is this correct?
Does it have to be sent to defendant with a proof of delivery?
Also, does is reset the 30 day clock?


#2

You need to amend your complaint and the thirty day period will begin again. You do not need to serve the amended complaint you can send it via regular mail. You do not have to pay the filing fee again.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

If STBX notarizes agreement to complaint and divorce, will it expedite the 30 days?


#4

Sorry,Mecklenburg county


#5

Your stbx can file a answer and a waiver of time and you can move forward with the divorce. The may shorten the process, but it generally will not shorten it by much.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]Your stbx can file a answer and a waiver of time and you can move forward with the divorce. The may shorten the process, but it generally will not shorten it by much.

Well, the Clerk of court at the Mecklenburg County Courthouse was very adamant (and rude) about the 30 days and told me the judge was going to throw it out even after I showed him the courts own self-help kit that stated I could request a court date after STBX filed paperwork releasing claims. Guess I’ll see what happens and hopefully won’t have to refile the request for court date.
Anyone else on this forum had any luck in Meck county with the waivers?


#7

Here’s the question I’d like to have answered from an attorney practicing law in Mecklenburg County…

I am getting conflicting opinions from a couple of different sources. The main one is the self help office from the 26th Judicial District Self Serve center aoc.state.nc.us/www/public/c … vorce.html

In the divorce packet, there are references to when I can file a motion for summary judgment and notice of hearing that states:

“Motion for Summary Judgment and Notice of Hearing
You may take this form to the clerk to get a hearing date after:
-The Defendant has filed a responsive pleading agreeing to the terms of the Complaint;”

And further:
“1. YOUR SPOUSE WILL ACCEPT SERVICE OF THE PAPERS
If your spouse will accept service, no further service of process is required. Your spouse
may wish to expedite the process by filing an answer and waiver.”

and more:

SETTING A COURT DATE
ONCE THE DIVORCE COMPLAINT HAS BEEN FILED,
AND SERVICE HAS BEEN COMPLETED, IT IS
SUGGESTED YOU WAIT THIRTY DAYS TO PASS TO
ALLOW THE DEFENDANT TO FILE AN ANSWER.
AFTER THAT PERIOD HAS PASSED, YOU MAY SET
A DATE FOR YOUR DIVORCE TO BE SIGNED BY
THE JUDGE…Key word here is SUGGESTED.

…and now from 26TH JUDICIAL DISTRICT
FAMILY COURT DIVISION
LOCAL RULES FOR DOMESTIC COURT

Rule 12.3 specifically states:
12.3 After the opposing Party has filed a responsive Pleading or the period to file a response has passed, the filing Party may file and serve by first-class mail a motion for summary judgment and certificate of service showing that the motion was mailed to the opposing Party at least thirteen (13) days prior to the date of the summary judgment hearing.

I have been told by the clerk of court office in Mecklenburg county that the judge will not sign this divorce because 30 days have not passed.

I have been told from the self help center that 34 days must pass before I can get a court date.

The local court rules for Mecklenburg county state I can request a court date after the opposing Party has filed a responsive Pleading.

While the forms for a Pro Se divorce are convenient, the rules governing the process are cloogy at best. That


#8

Wow, sometimes it takes a really long time to get answered here and on the Wednesday live show. I had no idea the law was so open for interpretation. I thought the answer would have been straight based on the research I did.

So, for any of you that file for divorce in Mecklenburg County, no matter what the snotty nosed court clerk tells you with attitude, the Judge WILL grant a divorce shy of the 30 day period from serving your spouse IF the defendant SIGNS and NOTARIZES the acceptance of service and agrees to the divorce.

I’m done here. Best of luck to everyone!


#9

Ok, everyone knows this is stressful. I’m doing a pro-se divorce and noticed AFTER I filed that I have an incorrect marriage date on the complaint for divorce. (STBX birthday is a few days from marriage date)

Questions:
Do I need to refile or can I amend the original or does it even matter?(I only ask this because of the ‘seperated on or about statement’

If I have to refile, do I have to pay the $144 filing fee again?

Can she still sign the defendant paperwork agreeing to the divorce?