Response to Complaint for Absolute Divorce


#1

My estranged spouse and I reside in Wake County.

I received a Complaint for Absolute Divorce by sheriff today. There is an ED order in place but none of the provisions have been completed. My ex was giving a 50b for one year due to his “unreasonable fear of temper” (the judge’s words).

I have personal property as well as items that were awarded still in the marital home. My ex continues to live there and was awarded the home in the ED. I have made numerous attempts to retrieve the items, however, my ex has blocked all attempts for me or anyone else to retrieve said items from the house. He was also to pay back taxes and other items that he has not done.

I was advised to block the divorce as there are outstanding issues with the ED. Is there specific wording I should use in the written answer?

Thanks


#2

You cannot block the divorce. So long as the allegations (date of marriage, date of separation, ect) in the Complaint are accurate the divorce will proceed. So long as an ED order in place you are not at risk to lose your remedy, which is to file a motion for contempt for your ex’s non-compliance with the ED order.