I Have been seperated for 1 year on August first. When my husband files for divorce, is it automatic, or do I have to sign… If I want to contest, how do I do that and what are the grounds under which one can contest a divorce. What is the procedure and do I need representation.
When the one year and 1 day is up, your husband can file for divorce. He will have to serve you a ‘complaint’ will will outline personal information and any claims he may have.
You have 30 days to ‘answer’ that complaint. Then a court date will be set for the divorce.
You can’t contest the divorce if you’re been separated for 366 days.
Legal representation is ALWAYS advised.
The divorce is not automatic, and there is a process that must be followed, and a hearing set. You cannot contest the divorce itself, however if your husband makes incorrect allegations in his complaint for divorce, you may contest those in filing your answer and counterclaim.
There is a video on this website which outlines the process for absolute divorce in NC.