What are the mechanics of an Action for Divorce?
The Plaintiff must file a complaint for divorce in District Court. The Defendant has 30 days from the date of service of the summons and complaint to file an answer or request an extension of time. The North Carolina General Statutes state that all material allegations in the Divorce complaint are deemed to be denied by the Defendant. Thus, one of the parties must appear before the Judge for a testimonial divorce, or a summary judgment motion can be filed which allows a party, or usually an attorney for the party to appear before the Judge to present the documents and obtain the divorce on behalf of the Plaintiff.
