Notice of Hearing


#1

Dear brian28677:

Greetings. You must notify your spouse as soon as you set the date for the hearing with the Notice of Hearing. At a minimum, she will need ten (10) days notice.

You can just mail a copy of the Notice of Hearing. Yes, you need to have three copies of the Notice of Hearing - one for your records, one for the court, and one to mail to her. You have a certificate of service on the notice of hearing which you will have to sign that shows to the judge that you mailed her a copy. Good 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.


#2

From my understanding, after my spouse has been served the summons, complaint and verification, I can then set a court date sometime after 30 days from the date of service. Is this correct? If so, how many days prior to the court date do I have to send my spouse the Notice of Hearing?

Does a Notice of Hearing have to be served or can I just mail a copy? Does the Notice of Hearing have to stamped and filed with the clerk of court? Is an affidavit/proof required stating that I have sent this Notice of Hearing to my spouse on such and such date?