She will have to file for ED, then she can file for Absolute Divorce. There is nothing he can do about that. If they can’t decide ED amongst themselves (and it doesn’t sound like he is willing), then the courts will have to decide. As long as she makes a claim for ED BEFORE she gets divorced, that aspect will remain open. If she files for divorce and it is granted, she can’t make a claim for ED afterthefact.
I dont’ think his claim about going against his religion will have any affect. He doesn’t have to sign. He’ll have 30 days to ‘respond’ to the submittal for divorce, but he can’t ‘not sign’.
needinganswers is correct. Regardless of whether or not he signs the papers, she can be granted absolute divorce after 30-45 days. She does need to file for ED prior or include a clause in the divorce that ED will be decided at a later date so that is left open ended.
My husband’s ex didn’t sign their papers either. She thought that would hold up their divorce. All that happened was that he had to sign that they had been separated the required amount of time and the judge granted it…
Equitable Distribution of marital property. This will put it in front of the courts about the finacials and other property which may not have yet been divided.
I am answering assuming you live in North Carolina, however it is not clear from your post if that is the case. Your post references a contract. Was this a separation agreement that dealt with the final division of their property? If she has dealt with all of her property issues then that agreement remains in place even if she files for divorce. She should consult with an attorney to review her agreement and make sure it is a complete and final distribution of her property. The divison of marital assets if referred to as equitable distribution. If she has fully dealt with her equitable distribution issues she can simply file for divorce. In NC once you have been separated for a year and a day you can file for a divorce, the other party does not have to sign off on it, and the other party cannot stop her from obtaining a divorce.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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I have a friend who has been legally separted for 9 years. We have been dating for 7 years of that. She wants to file for divorce so we can get married however, her (ex) has now stated he will not sign it due to he doesn’t believe in it based on his Religion. What can she do in this situation, can she file a divorce regardless if he signs it and what does that do with the distribition of the financial aspects that he agreed to in there contract such as the equitable ditribution of stocks, 401k etc …