Question About Proceedings

North Carolina Divorce Law Divorce and Separation Answers
1

I’m getting divorced in Forsyth County (without an attorney), and I have a couple questions.

I am going Friday to get a court date, and I’m wondering how he’s going to find out about the date. Do I have to mail him something? I heard from a friend that he has moved, but due to the fact that I have a restraining order against him, I have no way of getting the current address from him. Is it my responsibility that he gets the notice or not? And if he doesn’t, what happens?

Also, I’m just wondering what’s going to happen in court. He’s very…vindictive, among other things, and said before the restraining order that he will do anything in his power to stop the divorce from happening. He claims to have a communication between me and him using instant messenger that he wants to use against me so that I won’t be granted a divorce. My password was stolen a few months back, and I have no knowledge of what may be in this document that he claims to have.

When do I ask to resume my maiden name? Does that happen in court?

Anyway, the details are that it’s a simple divorce, we handled any property division already (there was nothing really to divide except debt), and there are no children involved. I’m not asking for alimony, and even if he asked for it, he would not get it for several reasons.

Thanks for any advice.

2

When you are given a date by the clerk you will need to file a calendar request, and a notice of hearing. These are court documents required for scheduling and notifying all parties of hearing dates. You must send copies of these documents to your soon to be ex, and also what is called a certificate of service ( a document attached to the Calendar Request and Notice of hearing which you sign stating that the same were mailed to the defendant, to what address, and on what date). If he does not receive notice the hearing will not be held.
So long as you have been separated for one year and that fact has not been contested in any of the court pleadings, your divorce will be granted, and he cannot prevent it from going though.
You can return to using your maiden name if you asked to do so in the complaint (or at the actual hearing) and include a provision in the judgment which allows you to return to your maiden name.

3

What happens when I don’t know where to send the documents so that he will receive them?

4

You may send them to his place of work if you cannot determine where he is living. Another option is to have him served by the sheriff’s department. They can often accomplish service if you can provide a phone number for the defendant.