Who's on 1st? When there are multiple complaints filed

Question: What happens when a complaint for divorce is granted and a prior complaint still is open?

As a background: A couple years ago my wife filed a complaint against me for support/alimony and a restraining order on selling assets. Then over a couple years we filed a motion to remove the restraints and we’ve been selling assets without issue. It also became clear that she would not move forward on the divorce since I was continuing to make support payments for a year after the initial 6 months required and she seemed to want me to return. (um, nope!)

I filed for divorce this February and she has avoided being served so may likely default on even responding (yes, did the USPS, UPS, Sheriff, Process Server and doing notice by publication now). I have motioned on her complaint to have it summarily dismissed due to frivolous and stalling actions from her (rule 57) and have a court date in a week.

The judge is the same for both complaints, her earlier complaint & mine this year. What will happen with her earlier complaint if my complaint for divorce is granted? Should I make mention of both complaints when I present to the judge my motion for summary dismissal?

Thanks!
Richard

The first complaint can be preserved for further hearing in the absolute divorce judgment. It is not uncommon to have a court action for alimony, equitable distribution, etc. still pending at the time of the absolute divorce. Entry of the absolute divorce does not preclude the claims from the first action from moving forward.

It is best to have full candor with the court/judge.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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