Question about waiver


#1

Dear beyerself:

Greetings. Yes, sometimes in Wake County the judges will not honor the waiver of the 30 day waiting period. I do not know what the judges’ reasoning is, but I do know that a judge has discretion on whether or not to allow the waiver. Best of luck…and please let us know what happens!

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

Thanks for your response. I guess I’ll just take my chances and see what Friday holds. But one more question…
In trying to do research on this topic, I’ve read that judges may ignore the waiver if you’re seeking a divorce by summary judgment. But I can’t find any clear definition of what divorce by summary judgment is, as opposed to any other kind of divorce. Is that what I’m seeking? The phrase “summary judgment” doesn’t appear in any paperwork that I’ve filed. Here are the basic facts in my case:
I filed for absolute divorce.
I’m doing a “do it yourself” divorce, so no attorney’s involved.
My husband filed an answer and waiver.
I’m to appear in court for the hearing on Friday, a date I picked based on filing the waiver.
So what constitutes divorce by summary judgment?

Thanks for your valuable help!


#3

Dear beyerslf:

Greetings again! Summary judgment means that you are telling the court to rule in your favor without a hearing because there is no issue of material fact. You are not making a motion for summary judgment in a do-it-yourself-divorce, but instead having a hearing on the divorce which the other side does not contest (usually). 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

Just an update…

I thought you’d like to know that my court date went smoothly and without issue, and the judge granted my divorce, thus honoring the waiver my spouse had signed. So total time passed between me filing for divorce and the divorce being granted was 10 days (7 days after my spouse was served).

And let me take this opportunity to say there is no way I could have gone through this process…from separation through to divorce…without the help of your Web site. What a great public service you are doing for so many of us who are in such a fragile, chaotic state. Thank you!


#5

Thank you for letting us know! We always want (and need) to hear about the ways the website and our forms are received. Good luck…and welcome to your new life.

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.


#6

I filed for divorce after the obligatory year and a day and my spouse has been served. My spouse also signed an answer & waiver to waive the 31-day waiting period.

Today I went to the courthouse to file the waiver and to get a court date. The cleark told me that sometimes judges ignore the waiver and make you wait the 31 days anyway. According to her, I could go to court on my designated court date, and the judge could throw the whole thing out and make me start over and wait the 31 days. Have you ever heard of this happening in Wake County? Under what circumstances would they do that?

As a point of reference, I used the waiver you have on your site and my spouse signed it and had it notarized. There shouldn’t be any complicating factors and the divorce is uncontested. I just can’t imagine why a judge would just decide to ignore the waiver and make you start from scratch. Any advice would be appreciated.