My ex wife filled for divorce via self service on 01/09/18, I wasn’t aware of having to give an answer assuming the process would continue without me, being that we were only married less than 60 days, no property or assets were shared. In North Carolina we had to wait a year to file because we never annulled it, I am in a new relationship and went to court to see if it had been filed and the judgement stated that the service members civil relief act affidavit is missing and that there was no date on the certificate of service for motion for summary judgement. Since it has been more than 30 days since this was filed, do I have to file a new divorce request? She filed the original divorce on January 9th 2018, we separated on July 20, 2015, but it hasn’t been completed.
It sounds like you were not properly served, and since you did not respond, the court did not know whether you were served or not. She'll have to have a summons re-issued, or one of you may have to start over. An attorney would need to look at what you are looking at (and maybe the entire file) to be sure.
It is impossible to give complete specific answers to questions without meeting and fully discussing all of the potential issues that may not be addressed by your question. The answer(s) provided in this forum should be considered general information and are not legal advice. Only after a thorough personal consultation could specific legal advice be given. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. To enter into an attorney-client relationship, you and I would need to consult in person and form a mutually agreeable written contract of engagement. The attorney-client relationship would be formed once the agreed upon initial retainer fee has been paid. The answer(s) provided in this forum is intended to educate you and to point out some of the issues you may need to raise in a consultation with a lawyer of your choosing who is appropriately competent in the field of law that your question concerns and who is duly licensed to practice in the jurisdiction where you live and/or where the events giving rise to your question occurred. You should not take any action that might affect your claim(s) without first seeking the professional opinion of a licensed attorney. There are often strict deadlines for filing suit, responding to a suit or making an appeal and you need to personally consult with an attorney to make sure that you understand and meet those deadlines.
It likely hasn't been completed because she has no clue what she is doing. If you want a divorce your best bet is to have her dismiss her divorce and you hire an attorney to complete everything properly. If you and your spouse are on the same page with wanting the divorce there are several firms that can handle it for a total flat rate fee of around $395.
DISCLAIMER: This answer is for informational purposes only. It is not, nor is it intended to be, legal advice. Merely reading our posted answer does not create an attorney-client relationship. You will need to formally retain us by signing a Professional Services Agreement and / or making payment of a quoted fee in order to be considered a client.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline