Question for Lawyer about

North Carolina Divorce Law Divorce and Separation Answers
#1

Sorry, I accidentally pressed the ‘enter’ button before having that post completed.

Well, I saw that the responding lawyer on a certain topic said the above, that “yes, you can get a divorce without him signing anything if you serve him by the sheriff.”

Well, my fiancee is having an awfully hard time getting a divorce, and now I’m starting to think maybe he lied and never even filed. Reason being is that it’s been MONTHS and MONTHS since he supposed “filed” and he keeps telling me that his lawyer told him that his estranged wife’s lawyer keeps filing ‘time extensions.’ His laywer supposedly told him not to worry and just “wait.” If that is true, isn’t there a way to get around those time extensions so he can finally get divorced from her? Why is it taking so long? I would think that they would only be allowed one time extension, rather than extension after extension. I read that they could get a one month extension, well it’s been months and months, how do they keep getting time extensions?

If he gets the sheriff to re-serve her, then could the divorce go through without these extensions?

#2

IANAL, but my understanding is that only one 30-day extension is normally all that is granted. In any case, your fiance or his lawyer have copies of everything that has been filed. You may also be able to visit the courthouse yourself and obtain the exact date, if any, that the divorce papers were filed. Just call and ask.

If I were you, I would seriously re-think your impending marriage to someone who you believe may be lying to you about something this important.

#3

It took the courts 10 months before I was given my temp hearing! Her lawyer requested 1 extention and then the judge had a family emergency having the second date cancelled. The courts are real slow but, a noted above, all records are public at the courthouse. All you need to know is the case number or Name Vs Name info so they can look up the case number.

Phil

#4

ncspouse78,

oh my god, only one!??!?!? So the possibility that he is lying is very, very probable?!?! I mean, it’s been months and he claims his lawyer said his estranged wife’s lawyer keeps filing extensions, extension after extension! I guess that’s not possible, so my only conclusion is that it’s an outright lie?!?!? I’m just shocked right now though I suspected. Thank you for the info, I will definitely visit the courthouse. :slight_smile:

And you’re completely right about me needing to re-think things…

#5

Phils,

so the lawyer only got one extension and the judge had a family emergency so that’s why it took so long for you to get a hearing?? Or was it because the lawyer kept filing extensions? As far as I know, the judge in this case hasn’t had an emergency. I mean, I don’t know who the judge is and all, but my fiancee claimed that his lawyer told him that the other lawyer kept filing extension after extension and as a result a court date hasn’t even been set yet. Isn’t this fishy??

I’m about to look the person VS person up online, if I can. Not sure. I’ll use google.

#6

I doubt you will find it online. You have to go to the courthouse where the records are stored.

You can go to mccourts.com and get on their mailing list for court calendars. Each judges court calendar will be emailed to you and you can check to see if his case is scheduled.

Phil

#7

Thank you Phils, I’m going to the site immediately.

#8

Dear dkperry:

Greetings. Yes, child custody issues can be handled separately from the actual divorce. Yes, you can get a divorce without him signing anything if you serve him by the sheriff. Otherwise, he will need to sign the certified mail receipt. Thank you.