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North Carolina Divorce Law Divorce and Separation Answers
1

Dear duhhuh58:

Greetings. You can still get divorced now, unless you disputed the date of separation, but the remaining issues in your answer and counterclaim must be dealt with separately from the divorce. Speak with an attorney when in doubt. Thank you.

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

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

In April my husband filed a divorce complaint. I requested an extension and filed an answer and counterclaim then awaited notification of the court date. 30 days later I receive an answer and counterclaim my husband filed in answer to mine. Okay, not expected but okay. I filed an answer and counterclaim to his (which did not make the clerk happy).

Yesterday he called me and says that the clerk told him that since I filed the original answer and counterclaim it is no longer a simple divorce and we either need to hire an attorney or I can type up an agreement for us both to sign and have notarized then go to the courthouse and rescind my answer and counterclaim then we can get divorced.

It doesn