North Carolina Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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US-02179BG
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In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.


This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

You can get a divorce without a legal separation order in North Carolina, but you do have to live apart for a period of time.

Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement.

No. As long as you are eligible for a divorce, your spouse does not have to agree to the divorce. If you file for divorce, your spouse does not have to complete or sign any paperwork, file anything with the court, or go to court for the divorce hearing.

Responding to the Complaint You should consult with a family law attorney as soon as possible after being served with divorce papers. If you fail to raise certain legal claims in your response, you may be barred from later seeking recovery for the following: Claim for Equitable Distribution of Marital Property.

In North Carolina, you can file for a no-fault divorce once you and your spouse have lived separately for one year and one day prior to filing. You do not need your spouse's consent. Though they must be served with the appropriate paperwork, you will not need their signatures or cooperation.

If your spouse agrees with everything and signs the papers, this is called a ?simplified divorce? BUT it is only available if you do not have children with your spouse. If your spouse does not sign the papers for a simplified divorce, you would have to file a regular petition for dissolution of marriage.

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

If your spouse refuses to sign the divorce papers and give consent, you must prove the breakdown of the marriage, such as adultery or physical/mental cruelty. If you can show evidence of this when the court hears your divorce application, then you may be granted a divorce.

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North Carolina Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce