If he will not file, there is not a whole lot you can do but file for divorce yourself. You can not make him file for a divoce if he does not want to. There is nothing stopping you from filing for the divorce.
Do you have a separation agreement settling all property and debts?
Do you and your STBX have any children?
Are you wanting him to pay you alimony?
If yes to the first question and no to the last two questions, you can download the papers for a divorce from this site. The only cost will be the filing fee which varies from county to county(Scotland County has a $150 filing fee).
If you have children or want alimony and you do not have a separation agreement signed and notarized, I would definitely talk to a lawyer before proceding with a divorce.
work up a seperation agreement, and if he agrees to sign it, then file for divorce on your own. Being a female, and based on the situation, you should have some resources locally to assist you in this matter. See if there are any free legal clinics in your area. Usually the local child support office can refer you to them.
if the date you provided is right - you can’t file for divorce yet anyway. the date you seperated - you listed as 11/16/06 - you have to be seperated for a year first.
My husband and I have been separated since November 19, 2006, and I had his word that he would file for divorce at the proper time, which would have been this past Monday. I was not served with my papers, adn when I inquired with him as to why, he told me that he could not afford to do so right now. He told me to sit and wait, and enjoy beeing ‘free’ without the legal ramifications.
I want my divorce.
I’ve waited a year and a day patiently. He, in the meantime, has had a chold by another woman (who was the reason he left me in the first place), and I’ve been shoved to the sidelines. Please tell me what I should do.