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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.