You don’t HAVE to sign a separation agreement in NC to be separated. He can NOT force you to sign anything. Him telling you not to return to the house I think would be considered “malicious turning out of doors” and would be grounds for “Divorce from Bed & Board”, which would mean that he must leave the marital home. Yes he can still divorce you after one year and one day without an agreement signed. If you have not worked then you are a dependant spouse and probably would be entitled to alimony or spousal support. You are entitled to 1/2 the marital assets, bank accounts, retirement funds, savings.
Hopefully some others have some other suggestions.
If you have not taken up a separate residence he cannot prevent you from coming home. You can return to your marital residence, however once you do, I would consult with an attorney regarding your legal options. If you do not work you will probably be entitled to alimony and you will be entitled to receive one half of the marital property.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
Will someone please help me?
My husband sent me an e-mail yesterday requesting a divorce while I’m on vacation in my home country, saying we were not happy to be together. He demands me not to go back to the house or he will terminate the lease since it’s on his name only. We have been married since 1998 and I didn’t not work since we got married. We don’t have any children together.
What will happen if I go back to our home and stay there like I used to?
What’s the alimony amount I should receive from him? I never worked after I got married and don’t know where to start now.
He’s going to make me sign the seperation agreement, what’s going to happen if I don’t sign it? Can he still divorce me?
What can I do at this point? I don’t want to divorce him.
I’m so confused and hurt so bad since he didn’t give me any warnings. Please help me…
Thank you.