Request for extension

North Carolina Divorce Law Divorce and Separation Answers
1

Dear cocchetti:

Greetings. Let’s answer your questions one by one:

  1. No, you do not have to wait for them to answer if you file a Motion for Summary Judgement. Talk to your attorney on how to do this. If it is simply a divorce, it cannot be dragged on unless they are disputing the date of separation.

  2. That is one avenue you can take. I would send letters, through your attorney if possible, about his alienating behavior specifically delineating his comments in the letters. I would keep track of what he says. Then, you may even want to put the children in therapy to deal with this problem - and motion the court for him to pay for the same. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
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 the quick response…I did this as a Do It Yourself Divorce, no lawyer involved. I guess I need to get one or can I file for a Motion of Summary Judgement myself?

3

Dear cocchetti:

Greetings. You may need an attorney to file the Motion for Summary Judgment, but that should not be that expensive. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
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

Seems like this is a simple question, but wanted to double check my answer. I filed a DIY divorce and as of this past Monday, I would have been able to set up my court date for divorce but…on Saturday I got a request for extension from my ex’s lawyer for 30 days so they could respond. I guess I have no choice and have to wait another 30 days to go to court for my divorce? Can they keep requesting extensions at the last minute and this thing drag out for months or is there a limitation on extensions?

Second question, if my ex keeps making snide comments about about me in front of our kids (like he shouldn’t have to pay support because I’m just wasting it away, already make enough, etc.) can I file a preliminary injunction against him for alienating the kids from me? They love me but are at an age where things can be very confusing and I don’t want them coming away with the wrong impressions. Plus he has no right to say such things about me in front of our kids; I don’t do it.

Thanks very much for your help.