PSS, alimony and filing for divorce


#1

As far as #2 goes, AFAIK, as long as the issues are properly addressed/preserved in your counterclaim for divorce, then your rights to E/D and alimony/PSS are not destroyed by the divorce decree, even if they haven’t been heard yet.

Edit: I could be wrong, but that’s what my attorney told me during my divorce.


#2

There is no limit on the number of continuances that may be granted, however courts in many counties have time lines in which an order must be entered for each issue. If your county is one with time lines, the hearings should not be continued past those dates.

If your claims for PSS and alimony are pending in court at the time your ex files for divorce those claims will not be affected. If you do not have an attorney you should consult with one before the divorce is final to make sure you have properly preserved those issues. These issues are generally not ruled upon at the divorce hearing. The divorce hearing is a separate hearing which deals with the issue of absolute divorce only.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Greetings!
I have a couple of questions regarding my current situation in dealing with my future ex-.

  1. Our PSS hearings have been continued by either himself or by the court. How many times can the ex- or the court keep continuing the hearing before it will actually be heard? Just some background information, this has been going on since he was served in July with my equitable distribution complaint and it still has not been resolved.
  2. If the ex- files for divorce after our one year separation mark, how does this effect my PSS and any future alimony hearings? Can I request these issues be ruled upon at the time of the divorce hearing? Or can I contest the divorce based on the fact that these issues have not been resolved as of that particular date?