My spouse and I drafted and signed a separation agreement that he then filed with the clerk. 5 days later he changes his mind and I did not agree. The agreement we signed said he was leaving our home and I would have possession. Long story short, I decided that I no longer wanted to be in the area and so I planned a move. He got an order that prevented me from taking anything out of our home. I was never served with the order. I had already left the area and my daughter was packing my and my child ( not his child) personal belongings. Fast forward 25 days later NOW my estranged husband has gotten an attorney and is claiming I tricked him into signing the separation agreement although HE corrected it and had me draft an new page in FRONT of the notary to make sure it was legal and then HE filed it with the clerk. He is claiming all kinds of crazy things. He says I tricked him into making him open a business with me, that I embezzled our money and that he expects me to come take over the mortgage for our home that is deeded to both of us but financed only in his name as he bought it a week before we married. That he expects me to get a loan and refinance the van but he KNOWs I am UNEMPLOYED except for the fact I own 50%of our business that I have zero access to any funds from. He shut the joint account and I have less than a grand in my personal account. I am a full time parent to a chronically ill child that is considered palliative. He KNOWS I moved to another county before any of this and he knows I cannot travel back to that county because my son requires 24/7 nursing care that he does not have right now and he cannot travel and I do not have the money to travel. I do not CARE about the stupid house or the business as far as I am concerned he can do whatever he wants with it. I just want to be left alone to care for my child and start a life. He has ALL of my premarital property and ALL of the marital assets so what happens if I just do not respond and go on with my life? He has YET to serve ME. He had the summons sent to an aunt of mine that lives in another county that I do not even live in because he cannot find me. She called me and read me the complaint. He does not have my contact information because I did not want anymore harassment by him or his family.
You are not required to respond to any court filings in which you are not property served. Proper service is by certified mail, sheriff’s deputy, process server, or your sign an acceptance of service. However, since you are aware of the existence of a court action, you may consider signing and filing an acceptance of service which would count as proper service. The court action will eventually catch up to you so you may consider handling it now.
You would not want your husband to exhaust all means for you to be properly served and end up serving you by publication in the newspaper. This could result in unfavorable court orders being entered against you.
By being served with the complaint or by signing an acceptance of service, you will then be able to respond to the allegations against you and file your own counterclaims against your husband.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
I have no desire to be a party to any of it. I have a critically, chronically ill 14 year old son. I live 5 hours away from that jurisdiction now and cannot travel there because my son cannot travel period and requires 24/7 nursing services that are not operational at the moment and I cannot afford to drive there and stay et. I want NOTHING except to be left alone. He’s claims are ridiculous, spiteful and false. So my question was DO I have to respond AT all. We have no children together. I do not care about my equity in the house or business. Am I obligated to do ANYTHING at all? The sheriff left the papers on my aunt’s porch. An aunt I have not seen in over THIRTY years who lives in an entirely different county and city than I. She told the sheriff I did not live there… He left the papers anyway. I do not CARE about this. I have no time for this. I left to get out of his constant drama and I be damned if I let him drag me into anything out of butthurt spite. Take it all, wear my clothes…I have zero to offer him. I haven’t worked in 4 years… will not now until I get nurses. I signed legal separation documents, HE filed them and NOW he wants to cry he was not aware of what he signed and pull this just because he did not expect me to really LEAVE and never come back. I want NOTHING. So if I do NOTHING then what? How can a sheriff just leave the papers at a house of a relative that he does not even know if I ever see? I do not care what he does. I have nothing to hide so I do not care how public it is.I have no job, no money and no interest. I am D O N E…
You have no legal obligation to respond to any lawsuit filed against you. You can chose to ignore it.
However, this would not be a wise decision as many unfavorable and potentially damaging court orders could be entered against you if you did not respond - the plaintiff could be awarded everything he asks the court for.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
I don’t want any of what he is asking for so he can have it. Thank you. Stay safe