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