I filed the divorce complaint asking for the Separation agreement to be included in the divorce decree.
I served my husband by certified mail as he moved to Florida.
I just put the Affidavit of service by certified mail in the drop box in the courthouse.
I asked for a hearing date by email and they gave Jan 29th. I am now filing the WAKE-DOM-23B form for Notice of Hearing by Webex. The instructions says :
"All motions for summary judgment (without request for incorporation of separation agreement) may be set by this notice. "
Does this mean that I cannot get the Separation agreement incorporated during the summary judgment hearing?
I have prepared the Judgment for Absolute divorce to state that the separation agreement be incorporated.
Correct. In Wake County you cannot have a summary judgment absolute divorce hearing while asking the Court to incorporate the separation agreement into the divorce judgment.
You will instead need to have a family court judge assigned and schedule the divorce and incorporation hearing in the assigned judge’s courtroom (rather than the general absolute divorce courtroom(s)).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks for the response, Anna.
I already filed the Notice of Summary Judgment Divorce hearing form WAKE-DOM-23B yesterday along with Motion for Summary judgment, at the courthouse yesterday. I gave 3 copies to the cashier.
What should I do now?
Divorce trials are not running right now. Do I wait till mid January to request a trial date? Would I use the WAKE-DOM-23C form? This also states “All uncontested divorce trials (without request for incorporation of separation agreement) in divorce cases may be set by this notice.”
Thanks,
Sumita
Summary judgment divorce hearings can only be done in Wake County when there is not a request to incorporate the separation agreement.
You will need to contact the clerk’s office and ask that it come off of the summary judgment calendar (summary judgment divorces are in fact proceeding as normal via Webex during this period of court closures).
Then you should file the form Affidavit for Judicial Assignment and Notice of Hearing in order to have a family court judge assigned. Then you can file your notice of hearing for divorce with the request to have the separation agreement incorporated into the divorce judgment.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.