Waiving the waiting period?


#1

Dear beyerself:

Greetings. Yes, if your spouse waives the waiting period, many courts will let you waive the 30 days waiting period. The waiver would be filed as soon as your spouse signs it with a notary. Yes, the divorce could happen sooner with the waiver than without. You also need to remember that you have to set your own divorce hearing and give your spouse notice of the same.

For more information (and a copy of the waiver form) see the following link - make sure to locate the waiver in the link which is at the bottom of the page:

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

Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#2

One more question…does he have to wait until I file the divorce papers before he signs the waiver, or could we in theory file the waiver at the same time we file for divorce?

Thanks for your help.


#3

Dear beyerself:

Greetings. Yes, he should wait to sign the waiver until after you file the divorce complaint. You could have him sign on the same day after you file the divorce complaint, but I would not have him sign sooner. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#4

I understand that after I file for divorce, papers will be served on my spouse, and then the Friday following 31 days after the date the papers were served will be my court date. However I read on your Web site: “It commonly happens, however, that defendants in divorce actions file no answer. In such a case, you just wait out the waiting period for calendaring the case for hearing (or, if your spouse will agree, you get him or her to file a paper waiving the waiting period). At the expiration of the applicable waiting period, the case may be calendared for hearing.”

I’m curious about the “if your spouse will agree, you get him or her to file a paper waiving the waiting period.” What sort of paper must be filed; when, in the process, does it get filed; and does that mean that your divorce date can happen sooner than the 31 days? Where could I get more information on this?

Thanks.