Can I continue a divorce case that my husband filed and won’t continue?

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Can I continue a divorce case that my husband filed and won’t continue?

I live in on estate and my husband lives in another. He filed for divorce 2 months ago but refuses to do anything else on the case. I did not file a response. He won’t go to court to get a court date for us to finalize the divorce. He is refusing to provide support for me but we drafted a separation agreement

which we had notarized. Am I able to continue the case even if he doesn’t?

Asked on November 11, 2016 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes and no. This is *his* case; he could voluntarily dismiss it if he likes, or it could potentially be dismissed by the court if he, as the person bringing it, refuses to move it forward. But if that happens, nothing would stop you from filing your own divorce case, which could be under your, not his, control.


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