Waiver of waiting period


#1

I am getting ready to file for divorse in Wake County and we would both like for this to be over with as soon as possible. Is there a way to reduce the 30 day waiting period after the summons has been served? Can my spouse reply to the summons with an “Answer to the Clerk of Court”? What should this look like; should it be notarized? With whom do I speak to schedule the court date after it has been filed? Or should my spouse answer the summons directly to me and then I schedule a court date?
Thanks in advance


#2

Your spouse may file a waiver of time to answer the complaint, after which you may contact the clerk to schedule the hearing for the divorce.
The waiver of time to answer must be signed and notarized. You may want to check in the self service divorce packet (available at the clerk’s office) to see if it contains a sample waiver of time.


#3

I don’t believe it does, or at least not labeled as such.

The packet I picked up yesterday for $4.00 contains an example template for a complaint, an example template for a verification, three copies of the Civil Summons forms and return of service forms (for sheriff use), a certified mail affidavit, an affidavit of due diligence, affidavit of service by publication, and example judgement for absolute divorce and a notice of assignment /service.

I’ve been trying to find an example for a waiver of time to answer and waiver of hearing but haven’t been able to. I’m in the same situation, now that I’m ready to start filing it was somewhat shocking how much is left to do. I’d also like it to be as pain free to my STBX as possible. If I can find a waiver of time to answer, she won’t have to actually be at the hearing right?


#4

Your ex will not have to be present at the hearing so long as there is proof that she was served and that she has not filed an answer disputing the facts contained in your complaint.


#5

Thank you Ms. Clarey. This was very helpful.