Finalizing the divorce


#1

Hello,

My soon to be ex and I are just two weeks from the end of our 1 year separation, May 18th. We used Rosen Online to complete our separation agreement and have filed that with the county. I wanted to ask a few questions about this last phase to make sure I’m correct in my thinking.

The plan is for me to take the paperwork to file for the divorce on May 20th (complaint with children, verification, summons and civil action cover letter). Instead of serving the complaint by certified mail, I would like to hand deliver it and my ex has agreed to sign and notarize the waiver and the answer. Here are my questions. First, is the waiver something that we write up ourselves or a form to be completed? I haven’t had any luck locating one with the county. Second, if we do this that then means we no longer need to wait the 30 days for my appearance in court. So if I get his notarized paperwork back on the 22nd, I could appear in court that next Friday (the 23rd or 30th) to receive the certificate of divorce from the court? Is that correct? (in Wake county this cases are heard on Friday at 10am).

Please let me know if I am missing anything or am wrong in my thinking. I want to be sure I am following all the rules and procedures correctly.
Lastly, I wanted to say thank you. Thank you so very much. We never would have been able to afford an attorney and your DIY service was a blessing I can’t tell you how grateful we are.
CJ


#2

Hoping to get a reply to this post soon.
Thank you!

Jennie


#3

I’m glad to hear you had such success with Rosen Online. Yes, if your spouse voluntarily signs and files an acceptance of service as well as an answer and waiver of further notice, you should be able to schedule your live divorce hearing for the next available court date. If you cannot locate the forms online, you could reactivate your Rosen Online service for assistance.


#4

Thank you very much! Is the waiver of further notice a separate document from the answer and acceptance of service then? Is it a specific document or just a quick (notarzied) document saying; I (ex husbands name) waive my right to further notice. ???

Thanks again very much and have a great day.


#5

There is no specific form, but I usually include it with the answer.