So, my friend was separated for a year. The ex filed the papers in February, he signed them, had them notarized and sent back to the attorney. So his ex’s attorney stated that the case had to be dismissed and the process needed to start over again. The attorney states that they have been filed on April 26. However, he has still not been served as of yet. Honestly, the whole thing is fishy as she has caused numerous problems for him and his sons. He is at the point where he may simply have to serve them himself because he isn’t getting anywhere with her attorney and he and her have no contact due to a restraining order. What would be the best way to get this divorced finalized? I’ve never heard of divorce proceedings being “dismissed and started over” so I’m very cautious about this attorney. Thank you for your time.
The best thing to do is to look at the court file at the clerk’s office to determine what has happened. If there is a filed complaint for absolute divorce and proof of service on the defendant (affidavit of service, acceptance of service, civil summons filled out on the back), then the defendant can file a notice of hearing and schedule a court date for the absolute divorce. Scheduling court dates is not restricted to just the plaintiff or the person filing the court date.
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.