Does this agreement still count?


Dear endofmarriage:

Greetings. No, the claim is not going to be dismissed if he does not set the date. Actually, you can even set the date for the divorce, even if he filed it.

The original agreement counts and no, you cannot file another action for divorce against him unless he dismisses his action. You can file an answer and counterclaim asking for one, but that would be slightly redundant. Thank you and good luck.

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.


My husband and I had signed a separation and property agreement before he filed the divorce claim to the court (he’s plantiff). Now before he set the court date, he suddenly changed his mind, he wanted the agreement to be re-done in a totally opposite way. He asked me to sign the new agreement, otherwise he won’t set the court date. If he won’t set the court date, that means the claim is going to be dismissed, am I correct? Do I have the right to set the court date?

Another question is if I go ahead to file another divorce as plantiff agaist him, can the original agreement still count?

Please give your legal advise. Thanks very much in advance!