NC Civil Procedure Rule 41(b) provides that a claim may be dismissed for one of three reasons: failure to comply with the rules, failure to comply with a court order, or failure to prosecute. There is no absolute time limit prescribed by law.

In Wilder v. Wilder, 146 N.C.App. 574, 553 S.E.2d 425 (N.C.App. 10/16/2001), the court of appeals found that a divorce case filed in 1987, and which was subsequently dismissed by the trial court for failure to prosecute, should be reinstated, because dismissal is a last resort, and there were lesser sanctions which would provide a more equitable result.

What the court of appeals really meant is that courts cannot dismiss divorce actions where property distribution has not been accomplished -- because if 13 years isn't too long to sit on one's rights and not prosecute their divorce, then probably no greater time will suffice.

Thus the answer here is "no Statute of Limitations," and no time limit at all. If you want to "end the madness," then you will need to hire an aggressive lawyer and tell him/her to conduct whatever discover is necessary and bring this matter to trial as soon as possible, so that a court can rule and enter judgment. After that, you can move on with your life.

I realize that you find the entire system a racket designed to fill attorney wallets and ruin participant lives. I agree. But, the system "is what it is," and you just have to make up your mind to play the game according to the insane rules, so that you can get it over with and get yourself out of the system.

Hope this helps.

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