How to respond to a Complaint for Absolute Divorce?


#1

I got my papers last week and want to move forward with this, but I’m not sure what my answer is supposed to look like or how it should be worded… the last thing I want is for the divorce to be postponed because of something I screw up wording-wise.

Are there any guidelines or forms that I can use for a response to the complaint?

Do I even need to respond to the complaint? I’ve seen on some NC law sites that says if the defendant (me) doesn’t respond within the 30 days, that the judge can move forward with the plaintiff’s complaint.

Thanks in advance!


#2

If you agree with the allegations contained in the Complaint you need not respond.
Unless you have not settled your property issues, and/or alimony issues, in which case you would need to file a counterclaim for Equitable Distribution and/or Alimony.


#3

Hi. My question regarding answering the complaint is: If issues of equitable distribution…in this case a 401K and Pension, were not mentioned in the Divorce Complaint that I received, BUT were in the notarized Marital Settlement Agreement that my husband filed with the court to start the divorce proceedings, do I need to answer the summons? We are working together on this and it was not his intention to confuse things. He just left it off. Just want to make sure I don’t get any surprises when we go to court. Thanks so much for your help!


#4

Yes, a counterclaim for Equitable Distribution of Retirement Benefits needs to be included in your counterclaim to give the court jurisdiction to enter the QDROs which divide the retirement accounts.