Question re: court date for incorporation of separation agreement

I filed for divorce while incorporating a separation agreement and I was assigned a court date. If my spouse does not wish to contest anything, is he required to go to the court date or is he free to not attend if he chooses? Also, he’s going to sign an acceptance of service form - should I file that prior to the court date or can I bring it with me to the court date? Thanks.

Your spouse, as the defendant, would not have to come to the court date. If he did not attend, then the judge will likely grant what you are asking for.

The acceptance of service should be filed at the clerk’s office right away rather than waiting until the court date. This proves to the court that the defendant was properly served with the plaintiff’s complaint.


Anna Ayscue

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

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