Legal Question in Family Law in North Carolina

Uncontested Divorce in NC

I am in the process of filing for divorce, and I used an online service to draw up all the papers. We have no children, and no property to divide. The papers came with some processing instructions, but in several places said to check with the Clerk's Office.

I went to the Moore Co, NC Clerk's Office to file them, and asked which ones were to be file initially and which came later, and was told ''I am sorry, I can't answer that, its legal advice.'' This was the answer I got to every question I asked, all of which I thought were of a procedural nature, not interpretation of the law.

I got the complaint filed, got a civil summons, and mailed it certified mail to my husband, who lives in CA, not NC. I received the certified mail receipt this week, and I called to ask about requesting a hearing date. I asked if I had to wait until the Defendant's 30 day response period had passed, or if I could go ahead and schedule it 30 days out + any additional days required to provide adequate notice of the hearing date. Of course the answer I got was, ''I can't answer that, it's legal advice.''

So, that is my question, can I get on the calendar before his 30 day window to respond is up or do I need to wait?

Many Thanks

Asked on 3/17/09, 5:59 pm

1 Answer from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office
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Re: Uncontested Divorce in NC

Several clients have come into my office and said almost verbatim what you have said only to find out that the husband had a pension (worth $500,000) or that there was other claims like alimony that the wife could have obtained but was about to lose through obtaining an absolute divorce.

I have also seen other clients who came to me after they thought they were divorced to find they were not.

Another client used an online company for forms only to find out the forms did not comply with NC law.....

You could be doing everything 100% correct or you could be making big mistakes.

I think it would be worth it for you to pay the mere $30 to speak with an attorney through the NC Bar Association Referral Service.

And no -- you have to wait for his time to file an answer to expire which is thirty days from the date he is actually served AND the certified mail service could be invalid if signed for by another person.....

Good luck,

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3/17/09, 9:14 pm

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