Question regarding waiver

I have been separated for one year. My spouse and I went through the self serve center in Mecklenburg county to file our divorce papers. They have been filed and he was served last week. He went to the court house today and filed his “Defendant’s Acceptance of Service Process and General Appearance”, AND The “Defendant’s Answer to Divorce Complaint and Waiver”. Since he signed this waiver form and filed it with the clerk’s office, do I still have to wait the 30 days to file my motion for summary judgment? From what I am understanding he is requesting that the action be calendared immediately. We are trying to speed up the process and I was wondering if this is the form I need?
Thanks!
Susan

You are correct, the waiver of further notice allows you to file the motion and notice the hearing immediately rather having to wait pursuant to the rules of civil procedure.

If the plaintiff doesnt request a court date after the defendant files a waiver and answer, can the defendant ask for one?

Yes, the defendant can file a notice of hearing and any other local forms necessary to schedule a court date.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

If I ask for the court date do I have to appear since I am the defenden

Yes. However, many counties are holding many, if not most, court sessions virtually via Webex, so be sure to check with your county’s clerk of court’s office.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

He filed for divorce. I filed a waiver and answer. I waved my right to a hearing and asked the judge to grant him the divorce. Now he wont go to the clerk’s office and ask for a court date. What do I do?

You should file a notice of hearing and any other local forms needed to calendar a divorce hearing (for example, Wake County has a form called a Notice of Divorce Hearing). However, you should check with your county’s clerk’s office to see if they are handling divorces virtually or in person, and if virtually, there may be separate forms you will need to file for a notice or request for a remote/virtual hearing.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.