Filing for divorce


#1

OOPs let me clarify, how do I answer the complaint not the summons. The complaint is attached to the civil summons.


#2

My brain must be elsewhere. I apologize for posting three times in the same subject.
I understand we can file for a 30 day extension to answer the complaint, how do we go about doing this?


#3

There is a form used to request and extension and for the clerk to grant the extension. They will readily grant the extension if requested. You must file and answer to the the complaint to preserve any alimony or property division claims you may have. Many people simply ignore the complaint if they have no claims to preserve and they have no dispute with the allegations of the complaint. I suggest that you run the document by a lawyer before making a decision as to how to respond.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

Can you tell me where I can get that form from? I called the local courthouse and they stated that I had to draw up a motion to extend time to answer. I have searched the entire internet and found no such form. I had thought about trying the law library over at the court house.

Just one more thing, are there any laws in place about filing for divorce in a county where neither party lives. The spouse who filed the forms has a friend who is doing this for her for free, but he practices in Buncombe County and both spouses live in Henderson county. Just a thought.

Thanks so much for your help. I hope you realize how great this website it. It makes you realize you aren’t alone when going through this kind of thing. It is a valuable resource.


#5

Kindly disregard my previous question, I spent a few hours in the law library at the courthouse and filed for a motion to extend time, I wont know until today if I did it right but I am crossing my fingers. My question now is how do I request a change in venue since neither party lives in Buncombe County? I appreciate your help.


#6

Dear Jayneenm:

Greetings. You must file a Motion to Change Venue and set a hearing. Or, you may want to take a voluntary dismissal without prejudice and refile in the proper county. Either way, I suggest you retain an attorney. Divorce is a relatively inexpensive process and you sound like you would save a lot of time (and possibly money) hiring an attorney. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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


#7

Are you required to file for divorce in the county where you have resided during your marriage and currently live?

Once you are served a civil summons, do you need an attorney to give your written answer ? If so are there forms to do it yourself or is there some other format to answer?