Motion for dismissal


#1

Hello… I have filed for divorce on July 12, 2011 in the state of New Hampshire. My STBX filed for divorce on July 21, 2011 in the state of North Carolina. The state of New Hampshire indicated they have jurisdiction over the divorce because I have filed first. I was informed I need to file a motion for dismissal to the North Carolina court, however… I am having a hard time finding out online exactly what I need to do… I also would like to know if North Carolina will be likely to accept the motion due to my filing first, I cannot find any information online. Could you please tell me the form# and any other information I need to submit to the state of North Carolina.


#2

You may file a motion to dismiss the divorce action in NC as jurisdiction is not proper (Rule 12 b of the North Carolina Rules of Civil Procedure).
There is no template per se, but we do have several sample motions and other documents available as part of our DIY service.


#3

THANK YOU!..

Rule 12 (h) (3) … states Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action. (1967, c. 954, s. 1; 1971, c. 1236; 1975, c. 76, s. 2.)

Would this apply to my situation as well? I am drafting my motion as we speak and wanted to include this information in my request for relief.


#4

No, that wouldn’t apply to your particular situation. Subject matter jurisdiction is a term that describes what actions can be heard by a particular court. Your case is already filed in another state, so that state has assumed jurisdiction (as long as it was validly brought under that state’s procedure).


#5

THANK YOU! THANK YOU!

I have mailed a copy of the Motion for Dismissal to NC. My next question is: The summons he has served me via: Registered Mail is sitting at my post office. Would it be a detriment to my case if I pick it up? I would be served my paperwork, and he has not yet.


#6

No, you need to go to the post office and pick the package up. You will need the documents in order to respond and file your motion to dismiss.


#7

ok… my x has just told me … his attorney advised him of my motion to dismiss… and there is no need for him to get an attorney in new hampshire… Implying the court case is still going to continue in North Carolina. How is this possible?


#8

what is the next step … does the court notify me, or the decision… do i generally still have to go to court to find out if it was dismissed?


#9

You will need to appear before a judge. The judge will hear the motion to dismiss and decided if the case will move forward.