ED and Final Divorce

North Carolina Divorce Law Divorce and Separation Answers
#1

Child support, maybe. I don’t know the regs/law there. (I’m not an attorney).

As far as alimony and/or property distribution goes, those rights are (usually) extinguished after the divorce is granted, or the defendant answers and does not file a counterclaim for those.

There are a few very limited exceptions to the above rule, but most divorcing couples won’t encounter those. (Service by publication and divorce where the court lacks personal jurisdiction over the absent spouse are the two that come to mind.)

#2

Neither spouse may attempt to gain marital property after absolute divorce is granted as long as there is nothing in any of the paperwork that says ED will be negotiated at a later date, and no claim has been filed prior. If there is no response from the spouse after being served, you should be given a court date. At the most, you go to court, state date of separation and that the other spouse has been notified, divorce is granted. Any further attempts to gain marital property or finacial support could be looked at by the court as contempt.

#3

Thank you - AD has been granted and no provision for ED afterwards was requested.

#4

If the Defendant is served (Certified Mail-RR) and does NOT contest anything, the divorce is granted and final.

Is there ever any reason that the Defedant may come back afterwards and sue for Alimony or some other financial support?

Or is the law firm in this area, where the Defedant was properly notified, and given the proper amount of time to contest and/or respond and chose not to act on either. Therefore, has no further option?

Thank you