Abatement, also known as the prior pending action doctrine, does not apply when the prior action is pending in another state
Published for On the Civil Side on July 13, 2022.
If wife filed a complaint requesting child support, alimony, and property distribution in Watauga County and a few weeks later, while wife’s claims remained pending in Watauga County, husband filed a complaint requesting property distribution in Hyde County, the common law doctrine of abatement would allow wife to ask the court in Hyde County to dismiss husband’s complaint. Abatement, also called the prior pending action doctrine, provides that:
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