How to divorce someone who does not want to?


#1

Dear Mr. Bombastic:

Greetings. I am sorry to hear about your marital problems. Let’s see about your questions:

A. Generally you cannot if she is not threatening you or has not committed any marital fault.
B. Yes, just open up a checking account without her name on it in a different bank. If she is not authorized on the account, the bank cannot give her funds, regardless of whether or not she is your spouse. Also, you may want to move at least half of the funds that are titled jointly to an account solely in your separate name for safe keeping - so that she cannot clean you out.
C. You cannot. You must plan to move out and let her come to terms with the fact that she will need a separation agreement or hire an attorney to negotiate for you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#2

My wife and I are polar opposites yet she continues to want to stay married. There are no children involved and we have been married for a little under 5 years. I have told her for months that I want a divorce. I even drew up a Separation Agreement a month ago for her to look at and sign.

She still lives with me in an apartment. Most of our assets and accounts are jointly held. (She has threatened to attempt to get me fired before she will grant me a divorce.)

A. How can I legally get her to leave my domicile?
B. Is there anyway to open up a checking account that she will not have access to.(She has threatened to clean me out)
C. How can I make her sign the Separation Agreement if she does not want to?