North Carolina Acceptance of Service and Waiver of Responsive Pleading
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How to fill out North Carolina Acceptance Of Service And Waiver Of Responsive Pleading?
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FAQ
Although North Carolina family law does not contain any provisions that allow a divorcing couple to speed up the divorce process, it is possible to end your marriage fairly quickly if you can agree on all the issues.
You must answer the complaint and file it at the office of the Clerk of Court within 30 days from the date you personally received the complaint or if received by registered mail, the date when you signed for the complaint. If you cannot respond within that time you must request additional time to answer.
Separation is truly one of the most difficult times for anyone to go through. At any time after the separation of the parties, either may file an action through the court for property division, custody, child support, and alimony; but a separation must take place.
As a general rule, a simple divorce can take about 45-90 days to finalize after it has been filed with the courts. Divorces in which spouses cannot agree on issues such as child support or child custody will naturally take longer.
In NC you must be separated for at least one full year before you can file for divorce.However, property acquired and debts incurred during the separation are treated differently than the property and debt accumulated while together during a marriage.
Acceptance of service. n. agreement by a defendant (or his/her attorney) in a legal action to accept a complaint or other petition (like divorce papers) without having the sheriff or process server show up at the door.
Definition. Agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff. Acceptance of service is accomplished by signing a "receipt and acknowledgment of acceptance of service" (or similarly titled instrument).
If you've been married less than a yearYou can't get a divorce yet. You can get a legal separation if you've been married less than a year, but it's usually better to wait until you can get a divorce. While you're waiting to start getting divorced, you and your partner can get a separation agreement.
Most states do not require any type of waiting period or separation prior to filing or getting a divorce. North Carolina, however, is not in the majority. Here, the law requires you and your spouse to be separated for one year before you can get a divorce. To fulfill this obligation, you must live separately and apart.