You are eligible to file for divorce, also called an “absolute divorce,” only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.
Discovery is designed to ensure fairness and transparency in the divorce process, and non-compliance by one spouse hinders this process. Consequently, if you don't comply with discovery requests, it can have serious legal repercussions and lead to adverse rulings against you in the divorce proceedings.
Only answer the actual question being asked of you. Type your responses, please do not handwrite your responses. Be truthful. This is not a time to hide the truth or not answer accurately.
Seven years seems like a long time to go back, but every divorce matter is different and there might be a legitimate reason why that many years is being requested. If you do not comply with discovery requests, you do risk your pleadings being struck.
The discovery process in a divorce can be essential for gathering financial information and resolving custody disputes. Various discovery tools such as document requests, interrogatories, and depositions are used to collect evidence.
Discovery is required in any contested divorce. However, if you and your spouse can come to a fair settlement agreement between you, your divorce will be considered an uncontested divorce, and discovery may not be required at all.
Seven years seems like a long time to go back, but every divorce matter is different and there might be a legitimate reason why that many years is being requested. If you do not comply with discovery requests, you do risk your pleadings being struck.
Step One: Separation Period The first requirement is living apart from your spouse for a period of at least one year and one day. Throughout this separation, at least one of you must meet the requirement of being a resident of North Carolina for at least six months before filing for divorce.
You cannot file for a divorce in NC until you and your spouse have lived separate and apart for one year. One spouse would have to move out of the home to begin this process. After the year separation then you can file for divorce at your local courthouse. You would file and have a copy served on your spouse.
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added.