- No, as long as you have been separated for one year, he cannot stall the divorce occurring.
1b) Yes, but all equitable distribution issues must be in the separation agreement or court order prior to the divorce as you lose the right to make claims for alimony and equitable distribution upon the date of the divorce.
1c) I don’t understand why you are worried, since you already have a remedy under the separation agreement. Once the agreement is signed, it is the final settlement.
Joint custody means joint decision making. If you have joint custody with an uncooperative spouse, your parenting will be very difficult. Best of luck and please talk to an attorney as it sounds like you may have some confusion about the issues you are facing and I don’t want you to act in a way that is not in your best interest. Good luck!
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.