Response to Summons/Complaint


#1

You are not required to file an Answer. You can let the 30 days run if you wish. Understand, however, that failing to file a claim for alimony and/or equitable distribution, prior to the expiration of the 30 days causes those claims to be forever waived. If you wish to protect those claims then see an attorney NOW and have those claims filed.

If you file the Answer your spouse can proceed immediately to obtain the divorce rather than waiting for the 30 days to pass. If you are in a hurry to obtain the divorce go ahead and file the answer. If you are in no hurry and are willing to allow your alimony and equitable distribution to die then just let the 30 days run and save yourself the postage.

Unfortunately, we don’t have an Answer form on our site. We will work on that.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(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

I just received the summons and complaint paper from my soon-to-be ex’s attorney. According to the summons, I am supposed to write a written answer to the clerk of Sup. Court and provide a copy of the answer to the attorney or my ex. (Now, this is a clean and neat divorce and everything listed in the complaint is correct and most of the property division was taken care of in the separation papers and it’s just a matter of running the course.)

My question is, what kind of “answer” am I supposed to provide? Or do I even need to? Will providing the answer expedite the process or will it be the same as letting the 30 days expire and saving on postage and the trip to the court house?

Thanks, Richard

“From the Lord comes deliverence.” Psalms 3:8a