Online Packet/Out of State Move


#1

As long as she resided in North Carolina at the time the divorce was filed, there is no reason the divorce should not be granted. I do not know why the attorney would have told you otherwise.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Hello, Attorney Person, My Name is Mike, I really hoping you can help answer the following questions for me and my estranged spouse (E) Spouse). We have both mutually agreed to enter into an absolute divorce action. We have been separated for 15 continuous months starting May 2006, she in the state of North Carolina (she is from this state) ,I remained in the state of New Jersey.

She file for Divorce (pro se) with the Cumberland County courts on June 4,2007 using all the info (internet packet) from the NCCOURTS site all documents were completed in there entierty and submitted. I received the “Family Court Notice” and “Civil Summons” it was sent Certified mail to my place of employment a mail room staff member signed for it and handed me the packet. she (E) spouse received a court date of July 23, 2007.

My (E)spouse was present at court on June 23, 2007, as I was told that I did not have to be present I did not attend. I was told by my (E) spouse that their were two cases for divorce ahead of her on the docket and the Judge told both of the parties that she was not granting them a divorce based a certain item that only attorneys were aware of, that was not present in their packets. When she (the Judge) got to my (E) spouse she told her that something was also missing and rescheduled her for another court date of August 29, 2007, but also told her that she may not have to be present ???

So my (E) spouse retained an attorney who then contacted me and stated that based on the fact that the mailroom staff member (at my job) and not me, had signed for my summons packet this was the issue as to why the judgement was not granted. So she in turn sent me a form that I needed to have notarized it stated it was a “Acceptance of Service and Waiver” in which I had notorized.

This is our problem, hopefully you can help us with this. on July 09, 2007, she excepted a position (job) in the state of Georgia, but still maintains a residence (Home) in North Carolina in which we both agreed she could keep in our personal Settlement. Her Attorney of just two Weeks told her that because of the Job transfer to Georgia that the Divorce would not be granted unless she stated to the Judge that she would not be leaving the state???. Our Daughter now is in the home, as no plans are being made to sell it, so we are confused. We both felt that everything would be over (Divorce Granted) so we could move on with our lives. Thats why she excepted the out of stated job. What can we do ?

Here are some facts

Separated May 01, 2006

Spouse move to NC May 01, 2006

Spouse filed in NC (Pro Se) Absolute Divorce June 4, 2007

I received Papers June 07, 2007

Spouse relocates for job to Georgia July 09, 2007 (Maintains home in NC)

Received court date of July 23, 2007

Goes to court July 23, 2007 but is reschudled for Aug 29, 2007 (Possible due to my not signing for having received summons but co-worker signing for it.

Aug 01, 2007 I received “Acceptance of Service and Waiver” from Spouse Atty, I mailed it back to spouse.

Aug 02, (E) spouse’s Attny calls me and says says unless spouse states that she still resides in NC Divorce will not be granted.

Can the divorce judgement not be granted cause spouse took out of state job after filling ?

That’s what she was told by her Attny.
What do we need to do to get this resolved.

Thank you for your time, Mike Ward

Michael C. Ward