Do It Yourself Divorce during child custody


Dear KDC32:

Greetings. You can file for divorce even if your child custody matter is still pending. A divorce does not affect the pending child custody. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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


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 want to file for divorce, do-it myself without using my attorney, but I am unsure if I can proceed. All issues between us has been settled in court except custody. At this point, I do not know when we will be going to court. Can I file for divorce now before going to court to settle custody? Or should I wait till after custody has been settled?