I was recently served papers for ‘Complaint For Absolute Divorce’ that I need to respond to. We’ve been legally separated for over a year, and I definitely want to finalize the divorce. What I’m concerned about is the form (AOC-CV-100) states “You have been sued!..”. I associate that with someone seeking monetary compensation. We’re dividing our assets also is a separate discovery process. Is that statement something I need to consider, or is it just part of the form used for that also? How do I respond to this? Thank you!
The complaint for absolute divorce is a lawsuit and means you’ve been sued for a divorce. You have 30 days to respond to the complaint from the date you were served. If you are not contesting it, then you can simply do nothing and the divorce will be granted at a later scheduled court date.
If you don’t already have a claim for equitable distribution pending, it is very important that you file a counterclaim to the absolute divorce for equitable distribution before the 30 days is up (30 days from the date you were served).
If the absolute divorce is granted without a pending claim for equitable distribution, then the court no longer has the ability to divide the marital property.
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.
Thank you very much for your reply. We do have an equatable distribution claim in place. I’ll assume that if these recent papers don’t say anything about it then it’s still in place. I will plan to respond if I can find an example. I prefer to be deliberate about it than to respond with inaction. Thank you for your time.
What I’m reading says I need to respond to each paragraph. But under Claims For Relief the boxes checked are Divorce and Other (Resumption of maiden name). I guess I’ll just respond ‘I agree to the divorce’. Does my response need to be notarized? Thank you very much.
If you file an answer to the complaint, you need to admit or deny each numbered paragraph. So the numbered paragraphs in your answer will correspond with the numbered paragraphs in the complaint.
If you admit all the allegations in the complaint, that is the same as saying you agree to the request for absolute divorce. You can also state that you join in the request of the Plaintiff for an absolute divorce.
Your answer needs to be signed and your signature needs to be notarized.
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.