Refusel to sign


#1

You should be able to file for absolute divorce here.

However, NC may lack jurisdiction over your husband and FL property, so if you need/want to pursue spousal support or property division, that would have to take place in the FL courts. Preferably before you file here in NC.


#2

in NC you have to be seperated for one year and one day & a resident for 6 months to file here. Make sure all claims for ED & alimony be filed (not necessarily agreend upon)BEFORE the divorce is final. Even if he refuses to sign, you will get your divorce, it will just take a little bit longer (mine took 6-8 weeks longer). Good Luck


#3

If you have lived here for six months and have separated for more than a year and a day, you can file for divorce here based on the separation and the court should grant it. You should make sure all of your property and support issues have been dealt with before the divorce is final, other wise, you lose the right to address them with the court in North Carolina. I do not know what the law is in Florida regarding marital property.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#4

Ok. Here’s my problem. I’ve been legealy married since 2000. My hopefully to be ex-husband, and I have been seperated since November of 2005. Upon seperation, I relocated to North Carolina and he remained in Florida. I’ve asked him for a divorce for the last four years and he just flat out said no. I even went as far as filling the “Disolution of Marriage” (that’s what they call it in Florida) paperwork while I was a Florida resident, and he wouldn’t even show up to the court hearing. The judge threw it out saying that we both needed to be present because of the type of “Disolution of Marriage” I was filling. My question is, how can I get out of this nightmare of a marriage without him having to sign anythting at all? I just want it done and over with!

Angel L Murray