Lengthy Procedure!


Dear Ron:

Greetings. When you file a complaint for divorce, the court does not respond to you. After you file, you must serve the divorce on the other person by Sheriff, certified mail, registered mail, or designated delivery service (such as FedEX). After the date of service, you must wait at least thirty days for them to answer. If they do not answer, then you must set the divorce for hearing. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


My partner filed for divorce in February, but has not had a response from the court. What should happen after filing? We have been waiting almost 6 months, but had thought it would take no more than 60 days.

We are purchasing a new house which is due to close next month. The house is in both our names, but at the moment the mortgage is in only his name. Although we signed for it 10 months after they separated I’m worried that if she finds out about it she will try to get it in the divorce settlement. Can she do this?

When he asked for a divorce she stopped paying all the household bills including the mortgage on their house and eventually they lost the house and he was left with the debt and bad credit because she filed for bankruptcy and quit her job. He is still paying for her car that was repossessed and also paid for her to move to an apartment and continues to pay child support and covers her health insurance as well as the kids. She claims she is unable to work, so in addition to support he also buys everything for their two children (clothing, school stuff etc). She sits at home all day and does nothing for the kids. He has a fairly large income, but because of the debts she ran up during the marriage most of it is swallowed up in repaying them. We are only able to get the house because I have very little debt to income. The house is very expensive. At what point is it too late for her to ask for alimony or an increase in child support? And can she try to get the house from us? (she is living in a two bed apartment) How do we expedite the divorce so that it is complete before we close?