Are you asking about signing divorce papers or a separation agreement? If it’s divorce papers, you would need to make sure a claim for ED is filed for prior to the absolute divorce being granted or you lose your chance for this. You can be granted the absolute divorce while still negotiating the ED as long as the ED is filed with the court.
If it’s a separation agreement, then you do not have to sign if you are not comfortable with the terms.
If he files for divorce and you have been separated for a year and a day there is nothing you can do to delay the divorce. If he files for divorce you need to make sure that you have filed a lawsuit for equitable distribution. You can delay the resolution of the Equitable Distribution issues, but only if you have preserved those claims.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
a
Why not just wait to file if you do not want the divorce to be granted until mid year…? File in say April or May and the divorce should be final within 30-45 days (so divorce granted June or July)…providing that the spouse is served, signs the papers, returns them, and there are no contested issues that would make it drag out longer.
a
Just so you don’t waste time if you don’t have to. The way the wording is with some of the spousal benefits, for instance the military, 20 good years of marriage. I knew a couple that were seperated for a year and one day and then filed for divorce after their 20th yr of marriage, she did not get certain benefits because they only counted 19 good years of marriage because the last year, they were seperated.
nll
That’s a good point. If you are able to discuss this stuff with her, you may want to mention to her that you would like to file here in NC yourself but would like to wait for the mid year so that she can keep her benefits. You don’t have to mention that you’d like to keep the custody/ED in NC, only that you will file after a specific date so that she can draw your benefits and you will be the one to pay for the actual divorce…
If she asks what you are getting out of it, simply let her know that this way you know the children are taken care of. It’s only a few more months. If you have an agreement, and nothing is disputed there really is no reason that it would have to go to court. There’s nothing that would have to be “argued” in either state, unless you plan to file for primary custody or an unequal division of marital assets.
Get an agreement with custody, support, and ED put into place and let her know that you will file for absolute divorce by a specific date so that she still has access to benefits.
You do NOT have to file for a divorce after the year and day period. Until the divorce is granted, you are still married whether you have been separated for a year and a day or four years and a day! Not everyone files at the EXACT 366 day mark. I commend you for not wanting to deprive her of benefits. The date of the marriage is on the divorce decree as well as the date of the divorce. For her to apply for benefits, social security, etc. she has to take a copy of the divorce decree to these offices. I don’t know how the military wife was deprived of the benefits. Until you are divorced, you are still married. Period.
a
If the Plaintiff doesn’t move forward and schedule the hearing for the divorce that can cause delay if the other side also fails to move the case forward.
Erin E. Clarey
Attorney with Rosen Law Firm
Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
deleted
Even if your husband files for a divorce, YOU don’t have to sign the papers, therefore, he will not get the divorce until you are ready.
He CAN get a divorce and it does NOT require your signature. I don’t know what state you are from Beatrice but this state doesn’t work like that.
That is correct, the defendant in a divorce action is not required to sign anything in order for the divorce to go through.
Erin E. Clarey
Attorney with Rosen Law Firm
Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I would love to have my divorce final. Unfortunately, there are alot of issues. Spouse has felony charges against him, we have no separation of property settled, no income on his part proven yet(being looked into), childrens medical/dental…and the list goes on and on. I assume it is not in my best interest to sign until all is done. We have 2 businesses, properties, etc. and if he is found guilty, I am afraid I will not get what should be mine. Charges were filed while we were married. I am not comfortable with a divorce until everything is settled. Why do I have to sign and take a chance of problems in the future. What can I do to postpone divorce until all issues are solved?