What to do if my boyfriend has filed for a no-fault divorce but according to his wife, their divorce will not be finalized until the custody battle over their son is finished?

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What to do if my boyfriend has filed for a no-fault divorce but according to his wife, their divorce will not be finalized until the custody battle over their son is finished?

Is this true? Can a judge refuse to grant their divorce until the custody battle is done?

Asked on December 19, 2012 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the jurisdiction - the state and area in which the court lies and their rules as to same - but generally speaking, you can actually have the marriage dissolved separately from the issue of custody and asset distribution.  You can ask the court to separate the matters and have a temporary custody order in place.  You need to just double check with his lawyer that South Carolina allows it.  Good luck.  


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