Steps After Being Served

Hey all, asking on behalf of my girlfriend; simple question hopefully.

Her and her ex have separated, amicably. She was finally served divorce papers. No lawyers needed. Separated for over a year, divorce papers filed, she was served by an officer at home…

Its saying to send her response, but there us nowhere to write her response, or where to take it to…

What is her next step? Thank you!

If the only claim in the complaint is for absolute divorce, she is not contesting the divorce or any of the allegations in the complaint, and she has no counterclaims to add to it (for example, equitable distribution or alimony) then she does not need to respond. The judge will see that she’s not responded and therefore not contesting it and will enter the divorce judgment at the court date after the time to answer has expired.

If she contests an allegation in the complaint or needs to add counterclaims, then she will need to file an answer which admits or denies each of the numbered paragraphs in the same order. The same document can include counterclaims. There is no preprinted form for this - she should need to draft her own.

If she needs to file an answer, note she only has 30 days to do so from the day she was served. If the 30th day falls on a weekend or a judicial holiday, then the next business day is the deadline.


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

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