Friendly lawsuite


#1

In the state of North Carolina can a friendly lawsuite be used to force a couple into a seperation agreement?

My husband has moved out of the home we were living in and is putting presure on me to file legal seperation paperwork in court before a judge. In Nc I know that is not required. We had plans to move out of state and I am continuing to follow those plans. We have 4 kids and because of his addiciton issuse I have always been the primary custodial parent. He has agreed to work with me, giving me child support, permission to leave the state, ect…

Let me be clear I do not want a divorce. I feel that more time is needed before decisions like that are made. However when I told him I would fight a speration/going before a judge because I feel it to be uneccisary (we have been seperated before and always were able to work well together) he told me that he would file a friendly lawsuite and I would have no choice but to agree to the terms he set and legal seperation. Is this true?


#2

There is no such thing as filing for legal separation. You are legally separated as soon as you begin living separate and apart. Once you have been separated for a year, either party can then start the process to obtain an absolute divorce. But, rest assured there is no ‘friendly lawsuit’ that can be filed to have the court recognize your separation.