You can file for divorce after the one year one day separation requirement is met regardless of what other issues are still being negotiated. You only have to FILE for ED before absolute divorce is granted to be able to have a claim. I do not know about a jury trial for ED. I do know that you can request one for child custody.
You cannot request a jury trial for ED. If you are the Defendant, you must have asserted your own claim for Equitable Distribution in your Answer and Counterclaims before you file for divorce. As long as you have your own action for equitable distribution filed, you can go ahead and bring a new action for absolute divorce. Make sure you make it clear in your divorce action and judgment that you have a claim pending for absolute divorce.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
I am the defendant listed on the intial divorce complaint. I have been in the process of going through court hearings on each point (alimony, post-sep, custody and child support). I have remaining ED.
Can I file for the final divorce even though the ED is not complete ?
Can I request a jury trial for ED ?
What are my options ? I am almost 2 years into this with no end in site and being served all kinds of court bs as the plantiff is using the system and really would just like to get this over with. Any help is greatly appreciated.