Papers are filed and served, no court date yet


#1

Dear computer_girl:

Greetings. Yes, you can set the court date after you wait the thirty days from service for you to answer, unless you signed a waiver. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Thank you Janet, can I set the court date even if HE filed the complaint? I didn’t sign a waiver nor did I respond to his complaint, but if you say I can set the date, do I just take the paper he sent me to the court house, set a date and send the summons to him? Does that also mean I am the one who has to show up for the court date? I was kind of hoping to just sit back and wait for my decree in the mail, but that may not happen…
Thanks again!


#3

Dear computer_girl:

Greetings. First, I don’t think you understood me. Yes, you can file the calendar request and notice of hearing, but BOTH OF YOU must wait thirty days after service of the complaint. If you file the calendar request and notice of hearing, then YES you must attend and you must have the divorce judgment ready for the judge to sign.

What I was trying to tell you, but did not convey, is that you must wait the thirty days, and although you are impatient, you still must wait thirty days (which is longer than the 3 weeks you mentioned in your original post). So, give him two extra weeks, and then start worrying about it. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

I am in marital limbo, my husband and I split up, he agreed he would file the divorce papers, since I didn’t feel I should have the hassle too. It is just a simply divorce, no property division, no kids (I have kids, they are not his however), no support issues. He filed, served me by certified mail, I signed the mail receipt, that was three weeks ago. He has not yet set a court date, what can I do to expedite this? Can is as the “defendant” go to the courthouse and get a court date, or would I have to file all over again?