Uncontested?


#1

Dear javaking66:

In your scenario, yes you have an uncontested divorce. Yes, the judge can issue the divorce even if he does not respond to the complaint. If he was properly served, which it sounds like he was, it is unlikely that he can dispute the court’s judgment in the future. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Consider this scenario :
I file for divorce in a NC local court here. I mail the summons to my husband via certified mail. He accepts the summons (because he does not know what is inside). He does not hire a lawyer nor presents himself in the court for hearing or anything to discuss the divorce case. Basically, he does not reply at all after accepting the summons.

Does this mean that it is an uncontested divorce case?
And if yes, can the judgement issued by court be disputed in future by him?

Would be highly obliged if you can answer at your earliest convenience.