Expediting the waiting period after separation?

North Carolina Divorce Law Divorce and Separation Answers
1

When one of you files the divorce complaint, the other may execute documents accepting service and waiving his or her 30-day time to answer.

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

2

Thanks for the answer. When and how is this done, and once it is done can I go ahead and schedule the court date without waiting those 30 days?

3

It’s done by having the Defendant file an Answer admitting the allegations of the Complaint and further providing a waiver of any additional time to answer or additional notice. Then you can file a notice of hearing and appear in court for the hearing. Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

4

Is there any way to expedite the 30 day waiting period (maybe 45 days by the time of the court date) after the one year separation if both parties are in agreement to dissolve the marriage ASAP and neither party wants to contest? We have filed a separation agreement with an Sept 30 2002 separation date, and both would like a divorce judgment asap. Thanks.