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 12 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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