I need a lawyer to answer this for me, please!


#1

If I remember correctly this is the process, After 1 year, you serve the EX with divorce paper by certified mail or sheriff then once shes served she got 30 days to respond (worse case) if she doesn’t respond then you go get a court date and on that date if there is no one to rebut the divorce then you will be divorced and even after that the ex has 30 days to argue it if the ex don’t then its final. You can call the sheriff department yourself and ask if that person has been served, when, where, and what date and time.


#2

Hi, thanks for the response. Are you serious?? I can call the sheriff’s office and they’ll tell me if she’s been served or not? That would be great.

What if the sheriff isn’t the one who served her, though?


#3

Dear melaniekitty:

Greetings. First, once she is served she never needs to be served again. There are almost no ways to “extend” the time on getting a simply divorce. That is a very simple process and almost never extends beyond the 60 days after service is obtained.

If your fiance’s soon-to-be-ex has an attorney filing extensions, then she is already served and it is just about setting the hearing.

Sounds like some dishonesty or a misunderstanding. 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

ROSEN.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.


#4

Thank you Janet for your response. I have one more question though, if you don’t mind. Well, actually two.

I asked my fiancee again today about the divorce, because he talked to his lawyer today (about his child custody case.) He said that his lawyer told him that he’s “just waiting to hear from my fiancee’s estranged wife’s lawyer.” He said the lawyer said something about the other lawyer is “sick” or something. Hmm. Would the other lawyer even be revelant? Couldn’t the divorce go through without her having a lawyer or even having to sign anything? I don’t buy that anyway, it’s been months and months, there’s no excuses. Either the lawyer is a bad one and my fiancee needs to get another one or he never even filed. What do you think??

Two- if she has been served, and it’s not a lie, then why is it taking so long for the hearing to be set, any ideas??? How does one go about doing this???

I would appreciate your help once more if you have the time.

Thank you greatly,

Melanie.


#5

Another question, (I’m sorry to have to keep asking them, but I really need to know) - after he filed, and I assume she was served, why has it been months and months and months since she was supposedly served yet no hearing has been set???

I guess that’s what my main question is, condensed. What reason would there be for a hearing to not be set yet? After months and months after he filed and she’s been served??

Sorry I keep asking so many questions, I’m just trying to get the bottom of this.


#6

If you can get about $400. This is what you do first call the sheriff in the county the ex live to see if shes been served (they will know) and if she haven’t have you fiancee get another lawyer to do only his divorce, this is how it works, if his attorney already has a case for custody/equitable Distribution/child support then another attorney can do your divorce but if she has been served his attorney is probably trying to do all of it at one hearing which can take sometime.


#7

I thought in NC divorce and child custody and such were all seperate, though.

I’m still confused, if he filed and she’s been served, wouldn’t it then take 60 days for a hearing to be set, and then they’re divorced, just like that??


#8

You need to find out if she has been served. If she has, your fiancee can go to the clerk of court and request a court date as long as she has been served and it has been over 30 days. She only had 30 days from the day she was served to contest the divorce.

If she has contested the divorce, your fiancee should have received papers showing what she is contesting. He should still be able to set the court date and the judge will decide where it goes from there.

If she does not show up to the court date, the divorce should be granted.

SO’s now ex-wife thought if she didn’t sign anything or show up to the court date that he would not be able to get his divorce. DIVORCE PAPERS ARE FRAMED and hanging in the living room!!!


#9

Dear MelanieKitty,

There is no reason I am aware of that would delay the divorce as long as she has been served. If they have been separated for a year and a day when one of them filed, then there would be no grounds to delay the divorce. I think you may need to contact your attorney to get a clearer picture of what is going on.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

ROSEN.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.


#10

Thank you, Tiredofit, you gave me the clearest answer possible. I appreciate it very much.

Thank you as well Helena, you helped as well.

I guess the conclusion I can draw is

A) My fiance is lying, and didn’t file, or

B) His lazy lawyer never filed. That man is as disorganized and lazy as they come.


#11

I saw that the responding lawyer on a certain topic responded to someone in this way, that “yes, you can get a divorce without him signing anything if you serve him by the sheriff.”

Well, my fiancee is having an awfully hard time getting a divorce, and now I’m starting to think maybe he lied and never even filed. Reason being is that it’s been MONTHS and MONTHS since he supposed “filed” and he keeps telling me that his lawyer told him that his estranged wife’s lawyer keeps filing ‘time extensions.’ His laywer supposedly told him not to worry and just “wait.” If that is true, isn’t there a way to get around those time extensions so he can finally get divorced from her? Why is it taking so long? I would think that they would only be allowed one time extension, rather than extension after extension. I read that they could get a one month extension, well it’s been months and months, how do they keep getting time extensions?

If he gets the sheriff to re-serve her, then could the divorce go through without these extensions?

Or is it an obvious lie? Why is it taking so long for this divorce to go through? If he’s being honest with me, what can I do to get this ball rolling?