I am in need of help. I am a paralegal in VA and have attempted to file my divorce in NC in Gates County. We have a separation agreement that resolves all issues but I jumped the gun and filed for divorce before the one year mark. Additionally, I filed the Complaint from Bed and Board. He was served and failed to respond and I scheduled the hearing with the clerk. When I went to court, the judge would not finalize the divorce because the clerk put it on the back of the criminal docket and it was on bed and board. I need to know if the divorce can be finalized, and if so, what I need to file. If I can amend the complaint, what do I need to file and what is the procedure. At this point, we have been separated 17 months and I just want it finalized asap. Thanks
If you filed your claim for divorce prior to expiration of a year and a day from the date of separation, you will have to refile your claim now that the requisite period of time has passed. You cannot file an amended complaint for a claim that wasn’t valid when the initial complaint was filed.