Legal Question in Family Law in North Carolina

I received a summons, complaint and corresponding paperwork related to my divorce. What should I do next? I can't afford a lawyer so I don't have an idea as to what I should do next. We have no kids and we don't want anything from each other.

Asked on 11/20/21, 8:46 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If she isn't asking for anything but the divorce - you don't have to do squat. You can just sit back and wait for a copy of your divorce judgment which she is obligated to make sure you get a copy of. If you want it done as quickly as possible, you can sign a waiver of your 30 day period of time to respond and that may or may not speed things up a bit.

So I don't need to hire a lawyer? I already received the summons, complaint and corresponding paperwork related to the divorce. Enclosed to the packet was a yellow paper saying I need to serve a copy of my written answer to the plaintiff's attorney before 30 days. If I don't what would happen?

If all she is asking for is a divorce and maybe to resume use of her maiden name and you are cool with that (and it isn't like there is anything you can do to prevent it). You do not need an attorney. If you do nothing, she will proceed with the divorce and should send you a certified copy. If you are unsure what the paperwork you received is asking for or if you want to pursue things for yourself such as alimony, equitable distribution, etc. - then you would need an attorney. The important thing to keep in mind is if you divorce without addressing these issues both you and your spouse will be barred from bring them up in the future.

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Answered on 11/20/21, 11:23 am

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