Hi. My wife’s lawyer told her to tell me not to respond after being served with divorce papers. This is exactly what she sent me in text:
“You will have to sign certified mail and once you do please do not respond with any answer because if you do it will delay the process. They have to wait 30 days after you sign. After those 30 days they will send you another letter it will not be certified. They will wait 10 days after that they will file with the court. Process takes around 60 days unless you respond then it’s another 15 days or more”
Is there any reason why I shouldn’t respond with an Acceptance of Service of Process form as well as an Answer to Divorce Complaint and Waiver form? We have already settled all martial property beforehand and has been notarized, so really the only thing left is the actual divorce. I’d like to speed up the process, and it would seem like me responding with those forms would do that, rather than wait until the 30 days after being served is up (I was served on 6.17).
Generally, once you’ve been properly served with a complaint, you are to respond with an answer within 30 days of being served.
The Acceptance of Service is a document that you can sign that proves service on you. You are signing saying you have been served with a complaint as if you had been served by certified mail or sheriff’s deputy. It is generally okay to sign this and have filed unless you were served by certified mail or sheriff’s deputy. In that case, there’s no need to sign an Acceptance of Service.
If you sign a waiver (assuming a standard waiver - be sure to fully read it), you will be signing that you are waiving your right to file an answer, motions and counterclaims to the complaint. If you do not sign the waiver and do not file an answer, then your wife will have to wait 30 days before scheduling the absolute divorce for a court date. If you sign the waiver, or if you do not sign the waiver but file an answer admitting all the allegations in the complaint, then your wife can schedule the absolute divorce for a court date as soon as her lawyer receives the filed waiver/answer. So you are correct that by not doing anything at all will delay the process and require your wife to wait the 30 days.
Before you sign the waiver, if you choose to do so, be careful that you have no motions or counterclaims to assert. If you have a separation agreement, equitable distribution has been completed, and the settlement is binding, then you likely will not have any counterclaims to the complaint for absolute divorce.
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 was served via certified mail, so thank you for letting me know I do not have to do the Acceptance of Service form.
I was going to use a generic standard Waiver form as one was not sent with my papers that I received. So all I need to do is sign it, have it notarized, and file it with the clerk of court, correct? Do I just take the waiver to the courthouse and file it with the clerk of court myself?
Still trying to figure out why her lawyer did not want me to answer the claim if it would delay the process…
It’s possible that your wife misunderstood her lawyer.
If you choose to sign a waiver that waives your time to file an answer or otherwise respond to the complaint, then you would need to sign it in front of a notary, take it to the clerk’s office and have it filed. When you go to the clerk’s office, take your original waiver and at least 2 copies (one for you to mail to your wife’s lawyer and one for you to keep for your records). You will also need to file a certificate of service which certifies that you mailed a copy of the filed waiver to your wife’s lawyer.
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.