You just found out that your spouse is filing for divorce in North Carolina. How do you respond? For some spouses, this news comes completely out of the blue. Others might have seen this coming. Whatever the case may be, most spouses have little legal experience, and they may be unsure about the next steps. Once you connect with a family law attorney in North Carolina, these next steps should make more sense. Aside from simply responding to the divorce papers, there are many other things you can do to give yourself an advantage.
Respond to the Divorce Filing
If your spouse filed for divorce, you will have likely been “served” with the divorce papers. These papers provide you with formal notice that your spouse wants to end the marriage. From the moment you have been served, you have a certain amount of time to respond.
Your response should take the form of a written “answer” to the filing. Your lawyer can help you draft the document, and it should address any points raised by your ex in the filing. Because North Carolina is a no-fault divorce state, you may not need to respond to any allegations of misconduct. Speak with your lawyer for more specific guidance based on your spouse’s filing.
Once you have finished drafting this document, you can submit it to the Clerk of Court. You also need to provide your spouse with a copy of your response.
How Long Do I Have to Respond After My Spouse Files for Divorce in North Carolina?
The general time limit after you receive the divorce papers is 30 days. However, you can ask for a 30-day extension if you need more time. Some spouses take this full two months to respond, and you are perfectly entitled to do so if you feel it is necessary. Searching for a suitable lawyer can be time-consuming, especially if you work full-time.
That said, it may make more sense to respond relatively quickly, especially if you want to move on with your life as soon as possible. A two-month delay could be frustrating for your spouse, and they may even accuse you of stalling. If the court believes that you are stalling intentionally, you could face various consequences.
What Happens After I Respond?
After you respond, you and your spouse will need to wait one year before proceeding with your divorce. This is because North Carolina enforces a mandatory one-year waiting period for all divorcing spouses. This “cooling-off” period is supposed to give spouses a chance to reconcile, but it is often a source of frustration for spouses who simply want to end their marriages. This waiting period may also make it particularly frustrating if you ask for the full two months to respond to the divorce filing.
What Should I Do After Responding to the Divorce Papers?
Assuming you have already found a lawyer, you can spend the next year or so strategizing. Of course, you might also believe that you can save the marriage. You are perfectly entitled to attempt to reconcile with your ex, and the one-year waiting period gives you plenty of time to do so. However, you also need to be realistic about your chances.
If your ex is intent on ending the marriage, you may need to respect their decision. Frequent attempts to contact your ex could result in protective orders, stalking charges, and so on. If you focus entirely on reconciliation without planning alongside your lawyer, you could be woefully unprepared for the divorce once the one-year period ends.
This does not mean that you cannot contact your ex at all during the one-year separation period. In fact, you should at least attempt to have a discussion about your approaching divorce. The most logical approach is to convince your spouse to attempt mediation, collaborative law, or arbitration instead of going to court.
Can a Divorce Lawyer in North Carolina Help Me?
If you just found out your ex filed for divorce, you can get in touch with a divorce lawyer in North Carolina to plan your next steps. You have weeks to respond to the filing, and you have every right to take your time. One of the most important steps over these weeks is to find an experienced lawyer you can trust. Once you connect with a lawyer, the next phase of your divorce should be relatively straightforward. Connect with Arnold & Smith, PLLC, to learn more about how your divorce will proceed.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.arnoldsmithlaw.com/family-law-and-divorce.html
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