I believe I am correct, but my soon to be ex’s attorney is telling her that I’m fighting the divorce because I filed an extension.
Here are the basics:
- we signed a separation agreement over a year ago, we’ve both upheld it; we split custody 50/50 and made a clean break of finances; no alimony; I pay half of my son’s monthly expenses (not child support per se)
- after 1 year of separation her attorney filed complaint for absolute divorce, but it did not include custody or property division, or the separation agreement
- I filed a motion to extend 30 days, no counterclaim or response (I got the form from an official NC legal website with form downloads, it is simply a motion and order to extend, with the reason being I needed ample time to review information and/or seek counsel…that’s it, nothing else on it)
- I notified her that I want to include our separation agreement in my response so that it can be included in the divorce decree (from what I’ve read this would keep from having property and custody left ‘open-ended’)
- I had read that both parties need to agree to include the separation agreement in the divorce decree, is that correct?
- she says her attorney told her that my extension was actually contesting the complaint (and I didn’t know it) and now the case has to go before a judge; they claim that I’ve unwittingly “complicated” things
As far as I understand, I ‘could’ still file a response and agree to the complaint or I could not respond (stupid) but either way absolute divorce would be granted, OR I could respond, agree to complaint but also include the separation agreement, and it would still be granted without going before a judge (since they do not need to evaluate property/$ statements or custody disagreement, the separation would just be added to the divorce decree).
I figured adding the separation agreement was better to cover myself than an absolute divorce that mentions neither property or custody – I don’t want to have to go back to court later for those things because they were left out.
Thank you for any help you can provide!