Hello,
As the title says, my STBXW will not sign the divorce papers. We both love in NC, have been seperated for a yr now. I served her a month ago via certified mail and she signed the recepit saying she got served, but will not sign any divorce papers, nor will she sign anything to get the papers notarized. Can i still proceed with the divorce? What are my next steps? I dont have enough for a lawyer and im lost on this process. Can i still turn in the recepit to the court showing she signed that she got the divorce papers even if its not notarized? Any information will help.
This is per the NC Courts website: (Separation and Divorce | North Carolina Judicial Branch)
Does my spouse have to agree to the divorce?
No. As long as you are eligible for a divorce, your spouse does not have to agree to the divorce. If you file for divorce, your spouse does not have to complete or sign any paperwork, file anything with the court, or go to court for the divorce hearing. However, your spouse must receive proper legal notice of the divorce case that you file.
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There is nothing more your wife needs to sign if she was properly served with the divorce complaint via certified mail. You can proceed with the absolute divorce.
You must first give her 33 days to respond/file an answer. Most defendants in an absolute divorce do not file an answer. After the 33 days have past, you can file a notice of hearing and schedule the divorce hearing. You must serve her with the filed notice of hearing via regular mail at the same address in which you served her with the complaint.
At any time, you must also file an affidavit of service which proves to the court that you obtained proper service on her for complaint and civil summons.
Check out our Do It Yourself Divorce Guide which gives you step-by-step instructions and the forms you need to file, including explanations.
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.