Please help ex got continuous after the 30 mark

#1

Hello my Fiance has been separated from his ex wife since 10/2015 and he just recently applied for a divorce in 10/2018 and his ex was served and we waited the 30 days after the summons was served and the court date was scheduled and on the court his ex came and through a pity party and got an additional 30 days. How could this happen. she didn’t respond within the allotted time. I know there was history of drug abuse and he asked her to leave to get help and she never returned and it has been 3 years. She thinks that he has to pay for her every need and she has her own place that was left to her by her grandmother and vehicle and money as well. What do we need to do. Thank you

#2

It sounds like the Wife asked the court for a continuance and the judge found good cause to continue it. At the next court date your finance should be prepared to object to any other continuance requests by the Wife.

He is entitled to have the absolute divorce granted, regardless of any other reason, as long as he can meet the 4 requirements of absolute divorce:
(1) He has been a resident of the State of NC for the 6 months prior to the filing of the absolute divorce complaint,
(2) He and the Wife have a valid marriage,
(3) He separated from the Wife with the intent to remain permanently separate and apart, and
(4) He and the Wife have lived continuously separate and apart for at least 1 year.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.