Husb. refuses to discuss or sign seperation agmnt


#1

Dear Chaos:

Greetings. I believe that you have really two options. First, file litigation for alimony and equitable distribution. That will “force” him to become cooperative. Second, you could also just start negotiating differently and “pretend” like you are going for his jugular which will get him moving. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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

LOL, Janet…My thoughts were along those same lines…

Let me just ask for my own clarification though; If he still refuses to sign, what will happen? Will I be able to obtain the legal seperation without him signing?

I need to start applying for my loans right away.

*Aside…I’ve toyed with the notion of telling him that if I start applying for them now, he is going to owe half of them if he doesn’t sign! LOL…

Thank you so much for your help. This site is amazing…


#3

Dear Chaos,

Once you and your spouse are no longer living together, you are legally separated. You do not need a document to say so. However, for purposes of you obtaining a loan, what they are probably looking for is a separation agreement or a memorandum of separation agreement (a summary of your separation agreement) that has been filed with the court. If you spouse won’t sign the agreement, then that may be a problem. As Ms. Fritts said, if he won’t sign the agreement, then you’ll probably have to take him to court. However, if you and he are already separated, any additional debt you incur will be your separate debt.

Good luck,

Shonnese D. Stanback
Attorney
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
NCdivorce.com
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.


#4

I have been trying to get him to discuss the details, but he is extremely uncooperative. We have been seperated since the first part of Dec., and it’s been a roller-coaster ride with his moods.

When he has been in a civil mood, we discussed a few things and I would like those things included in the agreement when I go to have it drawn up. But my main question for the moment is, what are my options if he refuses to sign? I’m not going for his jugular here, and am giving up our home and a piece of land we are buying in a compromise, so his obstinance has nothing to do with the business end. It’s more of his just being nasty.

I am a part time college student, and need to have a documented seperation agreement (I’m told) so that his income is not included in my financial aid applications. If I’m to continue in school, I have to apply for student loans. Otherwise, I have to drop out to work full time.

Is there anyway to get around his being unwilling to sign?

Thanks