If we file divorce on November 5th, can our divorce be final before the end of the year?
Also, I was granted a 50B order against my spouse on October 11th. He is not to have any contact with me.
It depends on the state where you are living because every state have their own rules and regulation.Most of the time it take 60 days to resolve that issues but may be there is different time limit in your state.
If you get service on him quickly and he doesn’t file an extension for more time to answer the complaint, you can likely get the divorce entered before the end of the year.
I live in Wake County, NC. Where is the answer sent to? To the spouse or the county courthouse where the divorce was filed?
Reply goes -To the Courthouse.
He cannot have ANY contact with you on a 50B.
NONE what-so-ever!
He cannot even have a “friend, relative, or child” communicate with you, for him. Only an Attorney.
Have you considered divorce from Bed & Board with your 50B?
Has it been 12 months? If not Bed & Board is a start .
Have you filed for pss (post separation support) Equitable distribution, alimony, interim distribution, child support?
Rosen Online can help if you need legal advice, forms, and legal direction on steps to take.
The answer should be filed with the court and served on the plaintiff.
Spouse and his parents live together in Johnston County, NC.
Our 12 months is in about a week.
The answer should be filed in the county in which the complaint is filed.
Today it is a year and a day since we got separated.
When we get our court date, do I have to attend? WIth a 50B how does that work? I want to avoid any confrontation with him or his parents. Will I be mailed my divorce decree if I’m not there? I just need to make sure that I get the paperwork I need to change my name back to my maiden name.
Both parties do not need to be present for the entry of the divorce. If there is a domestic violence protective order in place, and both parties choose to be present for the court hearing, you should notify the courtroom deputy that the order of protection is in place. Check out our article on the process to change your name after divorce. You can find the necessary form on www.nccourts.org.
He still hasn’t filed divorce or had me served again with the old papers (with the wrong separation date).
How do I speed this along? Should I file absolute divorce myself? Or should I wait on him (since apparently all he has to do is have me served again)?
Not an Attorney
You can file for absolute divorce yourself.
Have him served by sheriff or certified mail , then calender it after receiving the certified tab back & wait 30 days for his 'answer". If he is not contesting the divorce (or does not answer complaint), you can calender in about 30 days . This will cost you between $225- $260
Hope this helps.
Do you both own any property? House, car, furniture, bank accounts? Is he paying you support? With a 50B did you ask for pss (support)?
If you decide to file for divorce & some or all of the above assets are involved, then you need to file for everything and save yourself money (Cost around $275 to file all claims). You can file for Ed, Alimony, Child support? and Absolute divorce & pay the same amount. If you do this complaint separate it could cost you additional money. Rosen Online has a fee of $199 to help you with the forms (and provides the forms) and you will have the advice & guidance from an experienced attorney.
Not an Attorney
We don’t have a house. We each have had our own bank accounts. We each have a car. I paid for his but it is in his name and paid off. He promised when we got it that he would sign it over to me and now he won’t. He can’t keep a job. He has had three jobs since August. He just started a new job at Petsmart two weeks ago. In September he was diagnosed with bipolar disorder. I got the 50B because he threatened me at work by calling 20 times and leaving 12 harassing messages, threatening to kill himself and come kill me (and he followed up on that by showing up at my apartment).
Can I file for alimony or any kind of pss? We have no children so there will be no child support. I know he has had at least one girlfriend he has been cheating on me with since the summer. Can I sue her? We separated Nov. 2012.
He filed for divorce Sept. 12th but I was never served. I don’t know how to get him to just serve me those papers again via certified mail.
If the court determines that you are the dependent spouse and he is the supporting spouse and has the ability to pay spousal support, you can get an award for PSS and alimony. You may also need to file a claim for equitable distribution to deal with the cars. These claims must be filed and pending at the time the divorce is granted or you will lose your right to file these claims and have a court make a determination on these issues.
You may have a claim for criminal conversation or alienation of affections claim depending on the facts of the his involvement with his girlfriend.
"We don’t have a house. We each have had our own bank accounts. We each have a car. I paid for his but it is in his name and paid off. He promised when we got it that he would sign it over to me and now he won’t. He can’t keep a job. He has had three jobs since August. He just started a new job at Petsmart two weeks ago. In September he was diagnosed with bipolar disorder. I got the 50B because he threatened me at work by calling 20 times and leaving 12 harassing messages, threatening to kill himself and come kill me (and he followed up on that by showing up at my apartment).
Can I file for alimony or any kind of pss? We have no children so there will be no child support. I know he has had at least one girlfriend he has been cheating on me with since the summer. Can I sue her? We separated Nov. 2012.
He filed for divorce Sept. 12th but I was never served. I don’t know how to get him to just serve me those papers again via certified mail."
After re-reading your post, I realized that He had prematurely filed for divorce. If you separated Nov 2012, then Nov 2013 should have been his filing month. So it has to be done all over again. He cannot send you the old divorce papers.
So here’s some advice :
- If you can afford it, consult an attorney. Rosen Online is an option if you cannot afford to hire/retain an attorney. They offer the forms you need, guidance to prepare your forms and excellent professional advice. They are $199 a month and affordable. This will be for a Pro Se (represent yourself) Do it your self divorce .
Contact your local court house & see if they have a web site that will explain costs & procedures (some offer this) or just ask for the paperwork to file. Clerks cannot give legal advice. - *Note * Your Victim Advocate is an excellent resource to consider. - You would file a complaint : You would file Absolute Divorce, Post Separation Support, Alimony, Equitable Distribution (4 claims) each are separate but written up on the same form. You could also try and add a fifth claim asking for your legal fees to be reimbursed to you (not guaranteed, but worth a shot) . Rosen Online will provide the advice/guidance you need to draw up your forms.
- You would then take your completed notarized forms to your County Court House, File them for a fee around $225 + cost to have him served by Sheriff or Certified Mail… In his case have him served at work since he may not sign for the Certified mail. With a Sheriff serving Him it may keep him in check from retaliating or harming himself. After that you would calender your claims in 30-60 days. (Rosen online Attorneys will instruct you on what to do)
- As for suing the girlfriend he was/is messing with, is it really worth it? On a 50b chances are you were given a 1 yr restraining order (meaning there would be no reconciliation of the marriage since you never dropped it). If the marriage is over & you fear for your life, don’t bother suing her, whats the point? You might give him another reason to harm you.
- Suing the girlfriend is an option if you decide to go down that path, but does she have anything worth suing for? House? Lots of money? Assets?
Lots to think about here.
Best of luck on all your decisions.
You can delay the divorce by filing an answer and alleging the correct separation date. You will also need to be present at the hearing to present evidence of the correct separation date. This will require him to file his claim again now that a year has passed. Rosen Online may be a good option for you for assistance with forms for filing and answering your questions.