cupidsgym1
journeyman
Reged: 07/25/07
Posts: 60
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Hello again, everyone. I was served with a divorce complaint from my wife in August of 2007 in NC. As usual, it was ugly, viscious and sudden.
After a year and a day of separation, in NC, it meant that the plaintiff could file for the absolute divorce. I waited, figuring she'll be right there with it like clockwork. It never came to be. My atty said to wait a little longer. We did and still no motion was filed by my wife. Six weeks, ten weeks, three months - nothing. Having failed to respond to our inquiries as to her intent, the law permitted me to file by default. I did and the absolute divorce was indeed granted and made official.
The issues of property division and support were not addressed in the issuance of the absolute divorce. We repeatedly requested a financial statement from the plaintiff so we could calculate my requirement for child support. We were repeatedly ignored. My wife made no moves to petition for spousal support or determination of the disposition of the marital residence in which she resides. My atty and I have repeatedly requested closure of the case so that I might move on in life unencumbered. We never recieved any responses from her side.
It is going on five years now and I would like to know if there is a statute of limitations for failure to prosecute the case in an expeditious manner. A year ago, my wife dismissed her atty. This whole thing is hanging over my head still. My inclination is to say I'm through waiting, she has forfeited her right to any claims made in the original complaint due to her total lack of interest. I should not have to wait another five years or ten until she decides maybe she will do something.
A professional I work with filed for his divorce about four months after I got started with mine. He had the same atty she did. This guy made a lot more money, had three kids to our one, a house, vacation property, three cars, a boat... a whole lot of issues that would require negotiation in the divorce process. That atty of his had his whole case settled and done with in less than two years since the date of filing.
As for my case, there have been no continual motions made back and forth. There have been no periodic appearances, conferences or supboenas and no continuances. There has been no activity except for her atty to withdraw as atty of record. Nothing.
I quit. I'm done. I want to be released from any further responsibility in this matter except to continue to send child support. I've been sending what I can despite not knowing the true legally calculated amount as she will not disclose her financial statement for that purpose. It cannot go on like this. There has got to be a point at which this whole divorce complaint becomes frivolous.
Any of you experts care to speculate?
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