Can spouse reject absolute divorce


#1

Dear dkelly12:

Greetings. Let me answer your questions one-by-one:

  1. Yes, your spouse can object or dispute your absolute divorce by saying that you have not been separated for at least one year. If you have a separation agreement, the spouse could say that you either did not separate before, contemporaneously with, or shortly after the execution of the separation agreement. Or, your spouse could say that you reconciled after the date of separation, which would start the clock running again for the one year separation prior to obtaining an absolute divorce.

  2. The Separation Agreement, if executed properly, is binding on all parties regardless of whether or not the parties divorce.

  3. Breaches of a separation agreement do not affect filing for an absolute divorce. Owing child support does not affect the absolute divorce.

Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Is it possible for a spouse to reject the absolute request after being separated for more than 12 months?

Just how binding is the separation agreement even though the absolute divorce is not final?

What if one party is not abiding by the separation agreement - what impact does that have on the absolute divorce? Ie) the one refusing the absolute divorce owes outstanding child support?

I just want the divorce finalized the way the separation agreement says and then both parties to follow it verbatim. Are the ways that can be prevented by one party?