Once thirty days has passed from the date her spouse was served she can file for summary judgment and ask for a divorce. Even though the opposing party has not filed an answer they will need to show up in court on that date to contest any of the facts. If the claim for the QDRO has been properly preserved by her spouse’s attorney, then the validity of the QDRO will not be affected by the divorce.
She cannot file for a motion for summary judgment until thirty days exactly have passed (plus three days if he was served via certified mail) which means the soonest she could file that motion would be between June 13th and June 16th, and she must give five days notice of a hearing on summary judgment. That would mean the soonest she could have the hearing would be June 21st. The hearing date she has may be fine, but it looks like she needs to file the motion for summary judgment and make sure the issue on the calendar is a summary judgment divorce.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
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
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.
Thanks for the response, my friend just recieved a certified letter from her husbands attorney in which he requested a motion for extension of time to respond to her complaint for an Absolute Divorce and the Attorney’s request was granted by the Deputy Clerk of Superior Court. However, her court date was set for the 27th of June.
Questions???
How does she go about setting another court date or should the Defendant’s Attorney do this since they requested a motion for extension of time to respond.
Or does she need to reset the new court date at the Clerk of Superior Court utilizing the Notice of Hearing and Calendar Request for Uncontested Self Help Divorce form?
If she has to rest the Court Date does she count 30 days from her previous date of June 27th?
I have answered these questions in your other post.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
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
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.
An absolute divorce is always what you file for, a summary judgment is the means through which the divorce is granted. If you are not represented by an attorney you can get a divorce by setting a hearing date for the divorce and giving testimony, or by filing a motion for summary judgment after thirty days has expired and asking the court to find there is no issue of fact and a divorce should be granted.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
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
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.
My friend after 9 years of separation from her estranged husband wanted to file for a divorce. She opted to get a do it yourself kit from Wake County since it was uncontested without lawyers. The financial issues (retirement, 401k etc…) was resolved by the Separation Agreement. In discussions with her husband he stated he would not file for it due to it being against his religion, however, he stated he would not contest either. So, she followed the guidelines to the letter …
She counted 30 days from the day after the summons was served to set the court hearing date. The Summons was served on May 13, 2008. Now what has happened is apparently the lawyer representing the husband with regards to the QDRO Issues has now steped in and they want to piggyback off her court date to save additional court costs which the husband admitted, additionally, his paralegal stated to the husband that they purposely waited to the last minute to file for an extension which supposedly done on June 11th, 28 days from the Summons Served date. They are now telling my friend the follwing:
You can’t ASK until after our time has expired. It doesn’t matter that the date you asked for is more than 30 days after the date when Mr. Barnes received the divorce papers. And Furthermore, we are being allowed additional time of at least an additional 30 days through and including July 14, 2008. It not permissible to request or notice a hearing or trial date before the time has expired even if the date your requesting will be after the time has expired.
I have 2 questions:
To my understanding, an Absolute Divorce may be granted prior to the court hearing other claims, such as an equitable distribution claim, filed in the same action.
Her court date has been set for June 27th, based on uncontested Divorce. What she to do? who has to change the date, who notifies and resets it or can she still proceed with the Divorce and they set a separate court date for the QDRO Issues.
PLEASE HELP! WE ARE LOST FOR WORDS AT THIS POINT!!!