We’ve already been separated over a year and have signed our separation agreement for ED and support so I had ex file the divorce papers. I got them (certified mail from his attorney) and thought it would be obvious what to do but it’s not.
What’s the easiest way for me to get my divorce done? I believe I need to file a response? Or do I not do anything and it will be granted after the 30dys? I’m hoping to not have to go to the court to file anything, just want easiest way!
Since equitable distribution and alimony have already been resolved in a separation agreement, and assuming you are not otherwise contesting the absolute divorce, then you can do one of two options:
(1) File an answer to the complaint which admits or denies each numbered paragraph; or
(2) Do nothing.
Most frequently, when an absolute divorce is not contested, the defendant does nothing. The 30-33 days to answer the complaint expires, the plaintiff sets the absolute divorce for a court date, and then judge will likely grant the divorce.
You may attend the court date, but you do not have to if you are not contesting the absolute divorce.
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.