I have lived separate from my wife for one year and one day. I have filed the divorce complaint. She responded with an Answer for resolution on child custody and possible alimony. We were ordered into the collaborative mediation process in Durham County. The mediation is now stalled because she really does not want the divorce and does not want to discuss it. I have heard that you can still obtain a divorce with pending issues. How would I go about doing this? Do I need to waive any future claims against her and what are those?
You can file for divorce at any time after you have lived separate and apart for one year and one day. The fact that your ex has filed for alimony and child support will not delay the divorce. Since she filed a claim for alimony already the same can be decided by the judge, even after the divorce is granted. Child custody and child support can likewise be granted/determined after the divorce itself is finalized.