received divorce complaint now what?

[mzleah]

What is the name of your state (only U.S. law)? north carolina

I received a complaint for divorce from my "former" husband on April 19, 2012. It is just an absolute divorce complaint, which I am totally fine with. So I did not respond to the complaint, the lawyer I spoke with said no need to respond if I was ok with complaint. So I have heard nothing from my "former" husband. I proceed to the courthouse thinking I may be able to pick up a copy of my divorce papers considering it has been almost 90 days since I was served. Well, to my dismay the clerk states that the divorce is not final and it doesn't have a date to be heard. I asked her what should I do and she looked at me and responded I don't know. So my question is how can I get my divorce finalized? I have been separated from him since he left me in February 2009. He has a whole new family and a life. I would love to be freed of my past with him. Can anyone please help me and tell me what it is I need to do now?

 

[latigo]

What is the name of your state (only U.S. law)? north carolina

I received a complaint for divorce from my "former" husband on April 19, 2012. It is just an absolute divorce complaint, which I am totally fine with. So I did not respond to the complaint, the lawyer I spoke with said no need to respond if I was ok with complaint. So I have heard nothing from my "former" husband. I proceed to the courthouse thinking I may be able to pick up a copy of my divorce papers considering it has been almost 90 days since I was served. Well, to my dismay the clerk states that the divorce is not final and it doesn't have a date to be heard. I asked her what should I do and she looked at me and responded I don't know. So my question is how can I get my divorce finalized? I have been separated from him since he left me in February 2009. He has a whole new family and a life. I would love to be freed of my past with him. Can anyone please help me and tell me what it is I need to do now?

Very simple actually. All you need to do is to file a counterclaim for divorce and keep the case moving through the system, which seemingly he has elected not to do.

Other than proding or threatening him there are not legal means by which you can get his case off of dead center.

Just as a suggestion why don't you somehow get word to him that you wil be requiring extensive surgery and extended hospital care and that you and the care providers will be looking to him to pay the bills.

 

[Ohiogal]

What is the name of your state (only U.S. law)? north carolina

I received a complaint for divorce from my "former" husband on April 19, 2012. It is just an absolute divorce complaint, which I am totally fine with. So I did not respond to the complaint, the lawyer I spoke with said no need to respond if I was ok with complaint. So I have heard nothing from my "former" husband. I proceed to the courthouse thinking I may be able to pick up a copy of my divorce papers considering it has been almost 90 days since I was served. Well, to my dismay the clerk states that the divorce is not final and it doesn't have a date to be heard. I asked her what should I do and she looked at me and responded I don't know. So my question is how can I get my divorce finalized? I have been separated from him since he left me in February 2009. He has a whole new family and a life. I would love to be freed of my past with him. Can anyone please help me and tell me what it is I need to do now?

Get an attorney. Consider a lawsuit for alienation of affection against his "new family" if you have not moved on with a new love. Get an attorney though to get your divorce finalized.

 

[ecmst12]

How on earth could you prove alienation of affection for a relationship that happened after they were already separated???

And more importantly, WHY on earth would you even try? OP just wants to get divorced.

 

[Ohiogal]

How on earth could you prove alienation of affection for a relationship that happened after they were already separated???

And more importantly, WHY on earth would you even try? OP just wants to get divorced.

A) How do you know the relationship started after the separation? She doesn't say that.
B) If he has a "new family" the baby would prove sex while he was still married.
C) WHY? Because it may prompt hubby to actually continue on to the divorce if he knows his new family/love will pay the price of his actions.
D) Alienation of affection is allowed in North Carolina and she should at least know her legal rights regarding everything.
E) A lawyer could tell her whether an A of A suit would be worthwhile.
F) This is a legal site and that is a legal solution.

 

[Proseguru]

Go get a lawyer and have an agreed upon order written up to close the case ...

 

[mzleah]

his family

Yes he was with the woman he cheated with before and currently. No he and she did not have a child together. However, he provides a home for her and her two children. I do not wish to hurt him in anyway, I don't care anymore. I just want to be divorced so that I may move on with my life. I went to the court house to request to be placed on the calendar for the judge to hear the case. They said I cannot do that. It has to be his attorney that requests the date or I get an attorney and start the process from scratch. i never knew that I would be the one paying the ultimate price for his infidelity. I just want a divorce

 

[Ohiogal]

Yes he was with the woman he cheated with before and currently. No he and she did not have a child together. However, he provides a home for her and her two children. I do not wish to hurt him in anyway, I don't care anymore. I just want to be divorced so that I may move on with my life. I went to the court house to request to be placed on the calendar for the judge to hear the case. They said I cannot do that. It has to be his attorney that requests the date or I get an attorney and start the process from scratch. i never knew that I would be the one paying the ultimate price for his infidelity. I just want a divorce

And you started a second thread and my advice remained the same. North Carolina -- file an Alienation of Affection suit against his new woman and get a judgment against her. Offer to allow that judgment to go if he agrees to a divorce on your terms. Get everything you want. Or even offer to drop the lawsuit against his new bedbuddy if he agrees to your terms. That is legitimate settlement. You are giving up your legal rights to pursue the harlot if he settles the divorce on your terms. No problem. There is legal consideration for that. He can then move on with the harlot and her children.