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
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
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