Timeliness of filing-absolute divorce


#1

I am legally separated with an equitable distribution document notarized by both parties. I was named as the defendant. Plaintiff husband is not filing for absolute divorce even though we have been living apart 19 months. I cannot get a straight answer from his attorney why they are not filing other than they are busy. Is there a time limit in NC statutes where a judge can issue order for divorce even if he does not file? I prefer not to file…to avoid paying the filing fee. Also plaintiff has moved out of state so serving out of state on civil matters has not been recommended to me. The same delay tactics happened in finalizing the separation agreement and distribution docs. I just want this over. Can I do anything legally to get this moving?


#2

No, you cannot force someone to file a complaint for a divorce. There are no timelines that require a divorce be filed within a certain time period. Parties can stay separated and not divorce for as long as they want.