Waiver of 30 daysto respond to divorce complaint?


#1

I am not a lawyer, but I was told if you have an uncontested divorce there is a possibility of a waiver of 30 days if both parties have been seperated for a year and 1 day from seperation date and both parties are at the courthouse when filing the divorce.


#2

Dear Winbenkat & Soulshine:

Greetings. Yes, there is a form which your ex-spouse-to-be can execute waiving his right to 30 days to respond to the divorce complaint.

It is not recommended that you do the waiver though, as some judges may make you wait the full 30 days if you are doing your divorce by summary judgment. Best of luck and let us know if we can help.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
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.


#3

So, where do I get the form? Also, can you please explain the summary judgement aspect of your answer? Thanks.


#4

Dear winbenkat:

Greetings. Here is the form link on our website:

rosen.com/ppf/ID/116/issues.asp

Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
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.


#5

Is there a form my ex-spouse-to-be can complete waiving his right to the 30 days to respond to our divorce complaint? He’s willing, but I can’t find anything like it at any of the NC websites I have surfed. Thanks for the help.