Since NC is a no fault state, there is really no such thing as contesting a divorce. You live separate and apart for one year and one day, file for absolute divorce and 30-45 days later it’s done. If there has not been a equitable distribution claim filed it must be done before absolute divorce is granted but other than that there is no way to “hold up” a divorce. Filing that will not hold up the divorce only “moving on” with the rest of your life. The same is true for child support or child custody. In NC the only thing that holds up divorce is the year and day separation period.
My husband’s ex thought that if she didn’t sign the papers he wouldn’t be granted a divorce, but it doesn’t work that way in NC.
Good luck to you.
Well I understand that. I am trying to find out what cold she try to contest the divorce for? I feel it should be a uncontested due to we have no property together. Only thing is the remaining car loan bill.
Dear Tony H:
Greetings. She can not contest the divorce unless you have not been separated for one year and one day. However, she can file claims for child support, post separation support, alimony, and/or equitable distribution. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I have been seperated from my wife for a year come 19 November 2006. I am about to file for divorce in a few weeks. I am in the military, onslow county. In this case there was no infidelity on either parts. Divorcing her for situation that she has caused and admits to in email documents I have. I have left all items with her and with have one dept between us. It is a loan payment for a car, which has been totaled by the issurance company and they have sent their check to the loan company. There is a remaining of three thousand dollars on the loan in which I believe my GAP insurance will pay for half. She was making the payments and laps on them. I am trying to find out what she can contest the divorce on. She works for the government on base and receives childsupport for both her children. We have no children together and was married for 8 years.