Uncontested divorce


#1

Last year, my wife filed for an ex parte emergency custody order after i had to relocate out of state temporarily with work. (we were seperated at the time)
She was awarded temp custody and we were given a court date to have a more permanent order put in place…
This was last june. Since, we have continued the court date as we have been “trying” to enter a consent order that most accuratley reflects are current situatiuon…
Our 1 year seperation anniversary as just passed and we are both ready to have the divorce finalizied…
We have both agreed that we can work out custody and child support ourselves. there are no other pending issues.
My question is, CAN my wife just drop the current complaint for custody,child support and divorce from bed and board…
Then we file for an uncontested divorce…
OR, does the current complaint need to be addressed prior to finalizing a divorce?

sorry for the novel.

Thanks for your time and any help you may be able to provide.


#2

The child custody issues are unaffected by the divorce, and those claims can and should remain pending so that you may have a Consent Order entered at some point.
As for the divorce from bed and board, yes that claim can be dismissed, your wife simply needs to file a document stating her intention to dismiss that claim.
You may now file for absolute divorce at any time, the other claims do not effect your eligibility to move forward with that action.