You Have Been Served in a North Carolina Family Case. Now What?

Court procedure

Being served is a notice, not an accusation. It starts a thirty-day clock, and almost everything that goes wrong from here comes from ignoring it.

On this page

1. The first hour
2. What you are holding
3. What not to do
4. Claims of your own

The first hour

Being served is not an accusation that you did anything wrong, and it is not an emergency. It is a notice that a case exists and a clock has started. The worst thing you can do in the first hour is respond emotionally to the other party. The best thing you can do is read carefully and write down the date.

What happens after you are served

A thirty-day extension is commonly available on request. A missed deadline is not.

What you are holding

Document	What it is	What it requires
Summons	Formal notice that a case has been filed against you	Response within thirty days of service
Complaint	The claims being asserted	A written answer to each claim
Motion for temporary relief	A request for an interim order	Attendance at the hearing on the date shown
Notice of hearing	The date and time your matter will be heard	Attendance; continuances are not automatic
Discovery requests	Written questions and document demands	Complete answers within the stated period
Ex parte order	An order already entered without you present	Immediate compliance, and appearance at the hearing

What not to do

• Do not ignore it. A default judgment can grant the other side everything they asked for.
• Do not call the other party to argue about it.
• Do not violate any order that came with it, even one you think is wrong.
• Do not move money, close accounts or remove the children from the county.
• Do not post about it.
• Do not delete anything.

Claims of your own

An answer is also your opportunity to assert claims. If the complaint seeks custody and you want equitable distribution and alimony considered, those claims generally need to be raised. Remember the rule that governs everything else in a North Carolina divorce: property and alimony claims must be pending before the absolute divorce is granted, or they are lost permanently.

Nobody has ever improved their position by ignoring a summons. A great many people have destroyed it that way.Christopher Adkins, Adkins Law

Frequently asked questions

How long do I have to respond?

Generally thirty days from the date of service, and a further thirty-day extension is commonly available on request.

What if I do nothing?

A default judgment can be entered granting the relief requested. Setting aside a default is difficult and expensive.

Do I need a lawyer to file an answer?

Not required, but an answer is also where you assert your own claims, and missing a claim can be permanent.

Can I still settle after being served?

Yes, at any point. Many cases are filed to preserve claims or obtain temporary relief and then resolve by consent.

Call before day twenty-nine

The cheapest time to get advice is the week you are served. Adkins Law will tell you what the papers actually require and what you should assert in response.

Call Adkins Law (704) 274-5677Text (704) 231-5762Request a consultation

Adkins Law, PLLC · 9620 Sherrill Estates Road, Huntersville, NC 28078 · Calling or texting does not create an attorney–client relationship.

Keep reading

• How a North Carolina family case works
• Divorce and separation
• Child custody
• Contact Adkins Law

About the author: Christopher Adkins

Chris Adkins is the founder of Adkins Law, PLLC in Huntersville, North Carolina, a certified mediator with the North Carolina Dispute Resolution Commission, a parenting coordinator, and the author of The Book on Divorce in North Carolina. He previously served six and a half years as a Charlotte-Mecklenburg police officer and served as a Combat Engineer officer in the North Carolina Army National Guard and U.S. Army Reserve, deploying to Kuwait in 2012–2013.

Read the full profile · Request a consultation · (704) 274-5677

This page provides general information about North Carolina law for educational purposes. It is not legal advice and does not create an attorney–client relationship. Statutes, court rules and local practice change, and the outcome of any case depends on its own facts. Speak with a licensed North Carolina attorney about your situation. Written by Christopher Adkins, attorney at Adkins Law, PLLC, Huntersville, North Carolina.