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#767410 - 05/28/14 03:41 AM Failure to prosecute
cupidsgym1 Offline
journeyman

Registered: 07/26/07
Posts: 77
After filing a massive, convoluted and vicious divorce complaint, after one hearing full of accusations and ugly reasoning (all false) as to why she wants a divorce, one year and one day passed. No divorce was filed for. I waited and waited. Nothing. For someone SO bent of making me out to be SUCH a monster, to be capable of so many heinous affronts, crimes and misdemeanors... all of a sudden, she just runs out of steam. So my attorney says that I should file for the divorce. So I do. And it is done under a separate proceeding, a separate CVD number so and so and yes, I am granted permanent divorce from bed and board. ONLY the permanent separation is addressed and granted. All other issues of the original complaint from the ex are left for determination at a later date under the original complaint by my ex. Over six years later, we have not decided on support issues, we have not determined child support and we have not divided our property. I'm getting tired of having all this hanging over my head. There is an NC precedent, Walker vs Walker I believe it was. The defendant husband waited over 13 years for resolution of the divorce issues while his plaintiff wife did nothing to further the case for the divorce. So he filed for complete dismissal of support, alimony issues for FAILURE TO PROSECUTE. The court upheld his motion and dismissed the case. A higher court overturned that decision because the couple's PROPERTY had not been disbursed. We own a house together and she refuses to settle on the house. I need the money. I have all I can do to keep my electricity on or to keep my phone from being shut off, because I was in a wreck and the medical bills and the need for a new vehicle put me into a downward spiral of debt. I was living hand to mouth as it was, but then, the bills hit me hard. I could use my share of the house to put out a multitude of little financial fires and fix my negative cash flow. But no. She refuses to settle. She is still paying double digit interest on the original mortgage from over ten years ago. She refuses to even allow me to help her by refinancing the house so she can save hundreds on her payments. I certainly won't give ME any more leverage if we refi. It'd help HER a great deal, and therefore I would imagine, my daughter would benefit as well. But NO. She - and her parents who are also on the note - the three of them refuse to settle. Can I file some kind of motion to force them to settle the property? Even if in the end, they beat me out of ANY compensation for my interest in the house, at least let the gavel fall and have it done with. THEN I could file for dismissal having now disbursed the property, right?

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#767411 - 05/28/14 09:38 AM Re: Failure to prosecute [Re: cupidsgym1]
cupidsgym1 Offline
journeyman

Registered: 07/26/07
Posts: 77
Addendum: this ex of mine sees dead people. She talks to dead people. She has been occasionally attacked by negative entities and even temporarily possessed. She's capable of doing a pretty convincing Linda Blair except she hasn't hurled any pea soup or twisted her head around in a near circle yet. I figure this is going to have to figure in to the whole case, except there IS no case because I am penniless and cannot figure out how to line my ducks up in a row and present them pro se in a manner that would increasing exert force upon her to make her come to reason.

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