No response


#1

Dear madeleine:

Greetings. Yes, of course you can get divorced. We can surely help you if you live in North Carolina. Some questions first:

  1. Would he also want the divorce?

  2. Do you know where he is in the foreign country?

  3. Are there property or alimony issues?

Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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

Hello, Thank you for your response.
He does want the divorce
Went back to girlfriend in his native Germany
We own a house, equity line, and building In both names I have been paying the the mortgages on all three since he left. I have been trying to sell the bld. I have his power of attorney only because of his awol’s with previous women. I was running our business, which closed in 2003.

mtp


#3

Dear madeleine:

Greetings. If you have property here in the US, then you also should plan on filing for an equitable distribution. If he wants the divorce also, he may respond to an attorney if he is not responding to you - especially with the offer of the divorce.

Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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.


#4

Property is in U.S.A. I have filed for equitable distribution…
Attorney sent him a email with the info 6 months ago no response from him. As far as I know he does not have an attorney here in the states. I have a letter from him dated 2001 when he left the last time saying I could have it all. He wanted nothing. Does that still stand up today?

mtp


#5

Dear madeleine:

Greetings. No, his statements do not hold up in court. If he is properly served and fails to respond, that holds up in court. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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.


#6

Hello,
So, he was served Feb 18, 2004 with divorce papers from my attorney.
what happens next? does he have to sign anything? His last known address is with girlfriend in germany. Do I need to put a ad in the newspapers there?

mtp


#7

Dear madeleine:

Greetings. After your spouse is served with the divorce complaint, he has thirty (30) days from the date of service to answer the complaint. If he does not respond, then your attorney files a Motion for Summary Judgment and then files a calendar request, notice of hearing, and has a hearing for the divorce.

If your attorney properly served him, then you do not need to file an ad in a newspaper there. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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.


#8

Hello,
So the way I hear this is, He is served with divorce papers feb 18, 2004. He does not get a lawyer, and takes off. leaves the country.
Now a year later it is up to my attorney to set a final court date and make him appear, if he does not than I am divorced?

mtp


#9

Dear madeleine:

Greetings. If he was properly served, then my answer is yes, you are correct. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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.


#10

Hello,
I filed for divorce last Feb 04. My husband who is not a citizen but permanent resident of us moved back to europe, (his birth country)
He has not responded to any emails or signed any papers prior to leaving. 1. Can I still get a divorce, without him responding to anything. Does he need to come back to the states? am I stuck?[?]