Since you are legally divorced, then you are no longer tied to him in any way. The separation agreement was used during the separation period and is not really needed after the divorce is final.
You should check the stalking laws in the state where you reside. In NC, yes you could get a restraining order.
The separation agreement and all of its terms are still binding. Your ex is in breach of the contract and you can file an action for breach to obtain a court order that your ex live by the terms of the agreement. Court orders are enforceable by contempt, meaning if your ex continues he/she could potentially go to jail. If you decide to take this route my best advice is to call the police non-emergency number to have them draw up a harassment report each time your ex interferes with you. This will give you a documented time line that will help enable you to present your case to the judge in court. I would suggest you consult with an attorney to discuss this process more fully. Often there is a clause in separation agreements which require a party who is in breach of an agreement to reimburse the other party for attorney
The X doesnt have my new phone number or address, but has been calling my parents and mailing letters to thier house as well demanding that we remain in contact and that “it” must have my current contact information. - Yet as noted in the seperation agreement, there is to be NO contact.
My parents already had to change thier home phone number, but really cannot change thier cells because of all thier contacts.
Would they have to file something or can contact to my family be included in something I file?
I misread this in that you were already divorced not that the divorce has just been filed for. At this point you are still married, but unless you have children there is no reason that you must remain in contact. If your stbx is not contacting you, then he is not breaching the contract…assuming that your family is not mentioned in the agreement specifically. Once your divorce is final, your ex would be considered just another person to the court.
Your parents would need to file something for themselves if your stbx is harrassing them. You can not file for them. Your parents need to shut down the attempts to contact them. Letters should be sent back unopened, calls should be unanswered. Contact the local authorities to see what can be done if someone is calling their cell numbers. They may have a way to block the call or they may need to change the numbers. They need to write a letter to him requesting one time that he cease contact with them in all manners, to have it on record that they have asked. If it continues, then they should check the “Stalking” laws in the resident state. Most states now have stalking laws but they are specific to the state. Try this site: esia.net/State_Stalking_Laws.htm
Stopping the ex from showing up at your work is only a matter of having your employer deny him access. If he does this after he has been banned from the property, then he should be arrested.
The seperation agreement was signed in Oct. 2007. So the one year period has passed. The absolute divorce was file in the court on November 5th.
If it was filed how am I still married? I was told 30 days after the filing date.
And, No children, no property.
In NC, you would receive the divorce decree or something, in the mail. You filed for absolute divorce Nov. 5th. The stbx would have been served and had 30 days to respond. If he responded then the divorce should be granted without issue approx. 30 days. If he did not respond you would then have to have a hearing, after the 30 days, to testify before the court that all the dates are correct and have the court grant the divorce. I do not know what happens in other states…
You could possibly contact the Clerk of Court to find out if the divorce has been finalized.
In the seperation agreement it stated that both parties are to have no contact with each other, stay away from work places, etc.
Well, the X has shown up at my workplace, hacked into my email, my myspace account and my cell phone account. (Which I have now changed all of those)
The X has also been contacting my parents and trying to find out where I am and what im doing.
Is there something I can do to get the X to stop harrassing the family as GO AWAY?
I have even moved to another state.
The absolute divorce was filed with the court on Dec. 5th.
Can I get a restraining order or something against the x even though im in another state now?