Divorce Issue

Based on what you’ve said here, there is nothing she can do to stop you from getting a divorce. In North Carolina, you do not need the other party’s permission to get a divorce. The only thing you need to do is serve them. She might try to avoid service, but even that can be accomplished by publication, once the other methods (certified mail and by sheriff) have failed. And before you ask, no, you can’t skip straight to service by publication without trying the other methods first.[:)]

At the end of your 1 year, you can go ahead and file for divorce.

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
email: sstanback@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 but a full discussion with an attorney should be undertaken before taking any action.

My wife and I have been separated for 7 months. At that time we had a separation agreement prepared to handle all the property settlement, child support and custody, alimony, retirement plans, and other related issues. She even signed the title to the house over to me for a lump sum payment that was handled when I refinanced the house. The agreement has been signed by both parties and notarized. Just recently she has become mad and bitter, mainly because I have a girlfriend. I have and still am fulfilling all obligations to the separation agreement and then some. She says the she will not give me divorce when the year of separation has ended. What are my options? Can she stop the divorce from proceeding? I really want a divorce when the year of separation has ended.