Absolute Divorce

You will need to file a new action for Absolute Divorce. You will need to set it for hearing on a Friday morning when all the pro se divorces are done.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I am a Defendant in a ED, PSSU, ALIM, and CUST case. There is no separation agreement. My spouse and I have been separated since 8/31/2006. There is a consent temporary custody order for the minor children that was entered 9/2006. Plaintiff has an attorney that has a hearing date calendared for 10/4/2007 for ED, PSSU, and modification of visitation. I know that I can obtain a judgement of absolute divorce with these other issues still open. The question is this: should I file a new case with me as the plaintiff for absolute divorce or can I file a motion to get on the calendar with the same case number? If the motion, can it be heard at the hearing already scheduled? Please advise what I would need to file if the motion in the existing case is the better option. Thank you so much!