Ex dragging feet on divorce


#1

I’m in a similar situation. I have approached my ex several times with a separation agreement and for 3 years she has refused to sign it. Now I have filed for divorce, she is saying I have never paid any support and is asking for child support, post-separation, alimony and more than 50% of marital property (of which she has the contents of our house) We have mostly debt, but since she declared bankruptcy, I have full responsibilty for. I feel like I am being slapped in the face. My fiancee and I just want to get on with our lives, but she is intent on spoiling it. She cheated on me, lost thousands of dollars of my money, stopped paying the mortgage so the house was foreclosed and has been a financial burden ever since. Every payday, despite money going directly to her account fom my paycheck, it’s never enough (it was before I filed for divorce ironically).


#2

Dear 64ponycar:

Other than custody, are there other financial accounts to be divided or a house?

Janet L. Fritts
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

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.


#3

No Ma’am. He let her have everything so that his daughters would have what they needed. Besides the custody issue, the seperation agreement details the visitation schedule, child support amount and insurance coverage for his daughters.
Thank you!


#4

Custody and Child support can always be dealt with after divorce (as a matter of fact, marriage is not required for dealing with these issues). The issues of alimony and property division must be preserved by filing an action with the court prior to the absolute divorce in order to deal with these issues after divorce (otherwise they are lost forever). If there is no claim for alimony and no claim for property division then there is no need to preserve these claims for later.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.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.


#5

Thank you. I do have 2 more questions. Will going on with the divorce have an adverse effect on child custody AND since there is no visitation agreement is there anyway to ensure that he can see his girls? (She has used visitation to manipulate his actions in the past.) Thank you again.


#6

It would not be the first time a spouse wanted to make it difficult to get a divorce. Yes, she can seek a divorce, while concurrently asking the court to reserve the open issues of the settlement (child custody and support, alimony, equitable distribution…). Her attorney will know what to do. The main point is that she be certain the complaint asking for a divorce reserves the claims that have not been decided, otherwise, for certain matters, she risks waiving her right to seek, for example a distribution of assets.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.256.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


#7

I am divorced. My fiance has been separated for (in November) 2 years. Due to financial issues it has taken until now for him to be able to file for divorce. At first his ex read a rough draft of a separation agreement and divorce papers and agreed to sign them once they were written up by an attorney. Now that they have been written up, she refuses to sign them. In her words “I’m not going to sign them because I know that you want to get married”. Is there any way for the divorce to be finalized and the separation agreement be worked out afterwards? There are 2 children involved and the mom has primary physical custody. The papers are calling for joint legal and physical custody of the children with the primary residence of the children being with the mother. At this time we actually have informatin that would more than likely award us full physical custody of the children but, in the interest of trying to keep lines of communication open, we are loathe to do this. So, again, my basic question is this - Can the divorce be finalized without the separation agreement being finalized. If not, then what can be done to force it to happen. I am waiting until we are married to file for full physical custody of both of my children and know that the best way to get it is for me to be married and not co-habitating. I appreciate your time!