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
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.
I have a related question. In our case, we just have the fully executed Separation Agreement and now must wait the allotted time. Based on your response, Anna, it is my assumption that provided nothing is contested as related to the SA, then the divorce proceeds without issue. My question simply has to do with how the SA is related to the divorce claims…does any of the SA verbiage get rolled into the divorce claims? I have used the example SA you provided as the foundation of our SA and have retained the wording about the SA not being included in the divorce.
Further, provided all conditions have been met per the SA, can the STBX make additional claims? Say she decides she wants more alimony or is now unhappy with equitable distribution. My assumption is if so, then it all needs to go to court and be decided from there. But if so, how does the SA protect either of us from a scenario like this?
Not having ever done this, I am just a bit unclear how this all works in moving from the SA to final divorce.
The separation agreement is completely separate from the absolute divorce. One does not affect the other. The entry of an absolute divorce judgment will have no bearing on the separation agreement assuming the separation agreement is fully and properly executed. A fully and properly executed separation agreement is when both spouses have signed the separation agreement in the presence of a notary, and the notary section has been filled out by the notary public.
The separation agreement terms are no rolled into the divorce judgment unless you make a specific claim with the court to incorporate the separation agreement into the divorce judgment, which transforms the contract into a court order. The vast majority of the time, separation agreements are not incorporated into the divorce judgment.
Alimony in a separation agreement can only be modified by an agreement by both parties. Your wife will be prohibited from asking for more alimony in court unless she attempts to claim the separation agreement was executed under duress, fraud, unconscionability, misrepresentation, etc.
Equitable distribution cannot be modified or readdressed in court if the terms are in a separation agreement. Your separation agreement likely has waivers of the right to equitable distribution included in the standard provisions of your separation agreement, which bars both parties from having a court equitably divide the marital property and debt.
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.