Amend? or Dismiss? Divorce in NC


#1

I filed a divorce in NC my ex lives now in SC. He was served in SC and responded to the court and filed a notice of hearing for June 5th. I didnt have the money at the time to file a property settlement with the divorce but now I do, so I don’t know if I should ammend or dismiss my case for this hearing because my attorney says neither one is guaranteed that Judge will grant but being I am not familiar with any of these things I was married for 26 yrs and hopefully my one and only divorce. Also like to mention custody battle has been horrible, and I have the funds finally to find an attorney in SC to fight for custody/visitation because he gained temp custody last march because I crossed state lines and I didn’t have residency established for 6 months. I was a domestic violence victim during this marriage and that is the reason I fled with my minor children I also wanted to add. Thanks for any assistance in trying to figure out what direction amend? or dismiss divorce? I realize there are no guarantee’s in life, but I don’t know which direction is usually more favorable so that Judge will give me a little more time since I have the funds to file this property settlement. My ex’s fight is that he has plans to marry already and I don’t want to stop him from that …I say good ridence but I want the property settlement. It is important and I am searching for an attorney in SC since my old home and everything I owned was in it was in SC.Thanks for all the help.


#2

If a judgment of divorce is entered prior an agreement on ED and alimony, or prior to filing for ED and alimony, then those claims die. If there are property or alimony issues then you need to settle those issues prior to divorce.