Can't Get Spouse To Finalize


#1

First, if you are still living under the same roof, you are not separated. NC absolute divorce is granted only after one year one day required separation. Your spouse could not have filed for divorce. Your spouse may be attempting to file for Divorce from Bed & Board to force you to leave the home, but can not file for divorce until the time requirement is met.

You are entitled to 1/2 the marital assets and responsible for 1/2 the marital debt regardless of who is living in the home. If you have moved out then your spouse will have to divide the equity in the home. You should first consult an attorney, get a separation agreement written up stating the intent to separate for purpose of divorce and spelling out who is leaving the home on what date. Listing the items that are being removed from the home and any other finacial information that may be divided. Document everything that you can.


#2

What issue is currently being litigated?

The house does not become the property of your spouse just because you move out, however, if you move out your spouse can change the locks and prevent you from returning. You still have the right to ask that this property be divided in Equitable Distribution.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

What issue is currently being litigated?

The house does not become the property of your spouse just because you move out, however, if you move out your spouse can change the locks and prevent you from returning. You still have the right to ask that this property be divided in Equitable Distribution.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Help! My spouse filed for divorce over a year ago but won’t agree to settle. We are both still living under the same roof and they just want to drag things out.
My spouse filed for the divorce but now will not settle in any way.
We have gone to mediation and the spouse agreed to settle but after the fact rescinded.
My spouse has also falsely accused me of abuse and stated it was to get me out…but I went to court and was exonerated.
My concern is that my spouse may try to do something else in order to “get me out” before this is finished.
I was told if I move out then the house becomes theirs.
Now I fear I am lost in the court system since my spouse is now on their 4th lawyer and once again I am waiting for the courts to accept the new change.
What can be done for me to get control and get the courts to officially help me to get a “forced” settlement?