Is notice of hearing required?


#1

Dear computer_girl:

Greetings. Yes, you must supply the notice of hearing and no, it is not optional. I am not sure what you signed, but it sounds like a waiver.

I would tell you to go and check the divorce file to ensure that everything is in order. I believe that if the judge signed your divorce, that everything was in order in the file - especially if you signed a waiver. Check the file and best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Thank you Janet,

I did not sign a waiver, I received a summons by certified mail, signed for it at the Post Office, then about 5 weeks later received the decree. I did not answer the summons in any way, but expected to get a notice about the hearing, so if I wanted to I could attend. I thought the notice for the hearing might be optional since it doesn’t have to be sent by certified mail, but still expected one.
It looks as though it was signed by a judge, but this hearing never made it on the Wake county court calendar, at least not the online one.


#3

Dear computer_girl:

Greetings. You may want to go ahead and talk to an attorney to ensure that the divorce is valid. It does not sound to me like your husband followed all of the necessary procedures to obtain the divorce and may have committed perjury. Check in to it and best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Janet,

in an answer to a someone else you said "You also need to remember that you have to set your own divorce hearing and give your spouse notice of the same."
Does that mean that giving notice of the hearing to the spouse is not optional? And if not, is the divorce still legal? I received papers which I signed and did not answer. I received no notice of any hearing, and then received the divorce decree in the mail. Just wondering, and hoping this does not mean I have to start over with divorce proceedings.