When will my divorce be final


#1

Dear blue40:

Greetings. It sounds to me like you have received some misinformation. You can file for divorce after one year and one day of separation. When you file the complaint for divorce, you must also serve the complaint on the other party through certified mail or by Sheriff (at their home or work). After they are served, you must wait thirty (30) days for them to file an answer. After the expiration of the thirty (30) days, you can file a Motion for Summary Judgment (meaning there is no issue of fact) and a Notice of Hearing for the Divorce. You must give at least ten (10) days notice of the hearing.

I tell my clients that it takes approximately forty-five (45) days from the date of service to get a divorce - definitely not six months.

If there are service issues (such as your spouse is hard to locate) then it may take longer.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.


#2
quote:
Originally posted by blue40
This question has been a topic of discussion with me and my friends. What is the time frame after a divorce is filed. Can the plantiff's attonery delay the paperwork before it is file though the court. I was told that they could actually take up to six months after the year rolls around. Can you shed some light on the subject for me. Because I don't understand why the courts would allow an attorney that long to file the last form of a divorce. The hard part is over; I do understand that equitable distrubution could take longer but I didn't think the actual divorce could be extend six months. If that is the case the General Statues should say that it takes 18 months before you are legally divorce.

Help be understand how it works.



#3

Thank you so much; because a couple of week ago I went back to court for the second time because my ex refused to give me the property we decided on in mediation [heir property tools]. While I was there I asked the clerk of court where I could get a copy of my divore papers, I was told that there were no record of the divorce on file. The clerk of court called my ex wife’s attonery’s office and her secretary said “Well we haven’t gotten to it yet”. After the phone conversation the clerk of courts informed that I was only divorce from bed and board. My wife filed for the divorce last year around July the 7th, and the year is up. Since all proper paperwork have been submitted to the court, when she filed for the divorce last year; can I go to the clerk of court and file the absolute divorce under the North Carolina General Statue?
My attonery filed all the necessary paperwork in reply to the divorce last year and I have already been to court for the intial hearing. When I asked my attonery about the divorce paper he said they should come from my ex wife’s attonery since they were the ones who filed for the divorce.
Because this has really been expensive for me; after the last mediation I know longer have an attonery. So far, in court the judge has really heard me out. Because my ex was making it difficult for me to retrieve my things he dimissed the first mediation and we have to go back again. I don’t understand why she is doing this; I agreed to give her $60,000 and I was paying her about $350.00 in alimoy. Now she is getting nothing. This is my opinion I think her attonery is taking her for a ride [no harm intended by the comment] because when we mediate again the agreement on my part to her will be alot less because it obivous to me that she has sold the tools and equipment I had to run my buisness. Thanks for listining, sorry I was so long winded.


#4

Dear Blue40:

Greetings. Paying for attorney fees is can be expensive, but it is necessary in divorce. That is why all our clients know from the beginning of the litigation how much it will cost to come to a resolution.

If she has sold your tools, I would ask the court for sanctions against her.

Finally, you should know that a divorce and a divorce from bed and board are two different things. You cannot even file for a divorce until you were both separated from each other for one year and one day. You can file for divorce yourself and we have all the forms on our website. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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

This question has been a topic of discussion with me and my friends. What is the time frame after a divorce is filed. Can the plantiff’s attonery delay the paperwork before it is file though the court. I was told that they could actually take up to six months after the year rolls around. Can you shed some light on the subject for me. Because I don’t understand why the courts would allow an attorney that long to file the last form of a divorce. The hard part is over; I do understand that equitable distrubution could take longer but I didn’t think the actual divorce could be extend six months. If that is the case the General Statues should say that it takes 18 months before you are legally divorce.

Help be understand how it works.