Frequently Asked Questions

Each county in North Carolina has its own local rules regarding what takes place next in the life of the absolute divorce action. The defendant is entitled to no less than thirty (30) days to respond to the lawsuit before further steps can be taken. Once sufficient time has passed from the valid service of the lawsuit, the party who initiated the lawsuit requests the judge to review the claims made and grant appropriate relief. By appropriate relief, we mean that a judgment of absolute divorce is entered. The request can be made in open court at a hearing scheduled and noticed to the opposing party or by means of a motion for judgment in a summary manner. If there is a hearing, the initiating party may be expected to provide sworn testimony. The testimony may consist of simply reciting the facts set forth in the original complaint or it may be involved as answering questions from the judge or the opposing party. Upon hearing evidence to its satisfaction, the judge will make a ruling. That ruling will either grant the absolute divorce requested or deny it. Either way, a judgment will be entered in the case. This written ruling can be used by both parties to prove the entry of the absolute divorce as of a specific date.