Needs Answers - Absolute Divorce Procedure


#1

I do not practice in Lincoln county and cannot tell you if they have any changes in procedure that are unique to Lincoln county, however, you must wait thirty days before you schedule the divorce hearing. You can wait longer than thirty without a problem, but it must be at least thirty. You should mail notice to the other party as soon as possible, but it must be received by them at least five days before the hearing.

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.


#2

Can you please explain what the exact procedure is for a divorce in Lincoln County? I have all of the forms but am somewhat confused with the process after you file the Cover Sheet, Complaint, and Verification forms.

Does the date for the divorce hearing have to be at least after 30 days? Is it business days only? Can it be a week or two more than the 30 days?

Does the Notice of Hearing have to be sent to your spouse within a certain time frame? Are any of these forms required to send back to the courthouse before you appear for court?

It would really be nice to know what the exact procedure is since the Clerk of Court cannot give legal advice and is not willing to provide details on the procedure.