We have signed and notarized our agreement regarding property, funds, etc.
When he files for divorce and I get served by certified mail, we would be assigned a court date correct?
I’m not contesting so do I have to go?
Is there a way to avoid court? Sounds painfully unnecessary unless that’s the only way to put an end to this.
I just can’t get a clear idea of how to finish this.
Divorce complaint
Served
Hearing
Granted.
Is that it?
Not an Attorney
An Absolute Divorce Hearing will be set after He calenders the Hearing (you will receive the papers of a civil summons first, then after 30 days if you don’t respond He will calender a date for Motion for Summary Judgement). You do not have to appear. Its completely unnecessary. UNLESS you plan on changing your last name to your previous maiden/married name . Otherwise He appears, takes the stand, Agrees its been over 1year 1 day and wants a divorce. Then he is granted a divorce. Case over. They will automatically keep you at your current married last name & will appear on the final paperwork
*** Not a lawyer ***
If you’ve settled everything in the separation agreement and don’t need the court to rule on equitible distribution, custody, child support, alimony, or anything else, then it is possible to avoid having a hearing for the actual divorce. It may even be possible if there are already separate cases pending for those other things (on that I have no idea).
The key is the form “Judgement for Absolute Divorce Before the Clerk”, AOC-CV-710. If all the items listed under “findings” on that form are satisfied by the Complaint and the Answer (if any) and any other documents filed, then the Clerk of Court can fill out that form to give you the divorce without a hearing.
My ex and I did this, it took us about 3 hours (not counting the time to prepare and print the paperwork) since we filed the things necessary to avoid having to wait for service or notifications. Look up the thread “(Relatively) fast divorce?” in this forum for details.
Thanks guys…
Hmmmm, I do want my name back…
SadSadDaddy–I checked out that thread, and that sounds promising. We have nothing else pending.
Is that allowed in every county of NC? I called the Clerk of Court last week, and she wasn’t helpful, very annoyed, and only told me about the standard long process, with hearing.
There are a few different ways to get a divorce granted. You can get one through the clerk, by default through the clerk, through a hearing with a judge, or on a motion for summary judgment in front of a judge. Clerks are not allowed to give legal advice, so it is difficult for them to tell you how to file for a quick divorce. If you cannot get a divorce entered by the clerk for some reason, the defendant can answer the complaint and waive further notice, and the plaintiff should be able to get a divorce hearing the same week.
I’m told the Franklin Co clerk doesn’t do absolute divorces…ugh.