Served divorce papers - how to delay?


#1

was served divorce papers from NC… I am in another state… under active Doctor care and testing, treatment, etc. - i have 30 days to respond from August 1,2009. Treatment cannot be completed in 30 days… Can i get extention of time. I do NOT want to divorce… separated 5 years as agreed so that i could continue retired miliary healthcare benefit as spouse. I pay my premium. how do i obtain a NC lawer if in another state? HELP… clock ticking !!


#2

Whether or not you want to divorce, one will be granted eventually if your spouse pushes it through. At most, you can merely delay. (You can file for an extension of time for your answer, but the end result will still eventually be the same.)

And the only grounds for preventing a divorce in NC would be an insufficent length of separation (less than 1 year), or both of the parties not meeting the residency requirements. The former does not apply in your case, you haven’t mentioned anything regarding the latter.


#3

do i need an attorney in NC to ask for delay… or do i respond to HIS attorney myself?


#4

You cannot contest the divorce. In NC a party is entitled to a divorce after living separate and apart for one year. If you are seeking support, or property, you MUST file a counterclaim for alimony and equitable distribution before the divorce is granted otherwise you loose your rights to do so. You may file for an extension of time to answer the complaint to receive and additional 30 days to respond. I suggest you contact an NC attorney immediately to discuss your case. Many attorneys will be happy to meet via telephone to discuss the case. You may contact our firm to schedule such a meeting.