Contested vs Uncontested


#1

My 1 year of separation date is Oct 3. I want to file for divorce on Oct 4. My ex will not respond to my emails, calls, nor text for us to resolve property issues and put something in writing for our son. My son has been living with me for the past 2 months via verbal agreement. We agree we both have 24/7 access to him. My ex is refusing to pay on the mortgage and the bank will not take parital payments so the mortgage has not been paid since May. The bank let me know about a “Deed in Leiu” option to sell the house back to them. My name is the only name on the mortgage. From what I understand, my spouses name is on the deed per NC law. Can I submit the Deed in Leui (sp) without my spouse having to sign the papers or do they have to agree? Can I just file uncontested to get the divorce over with and deal with everything else later since there’s no communication?


#2

Property issues must be resolved before the divorce or you must have a claim for equitable distribution pending at the time the divorce decree is entered or you will loose your right to file one. If your spouse is on the deed, you will need her signature to deed it to the bank.


#3

Thanks so much for your response!


#4

Almost forgot something: Are we required to have a Parenting Plan to file uncontested?


#5

No, you can file for custody after the divorce.