Refuses to Sign Separation Agreemet


#1

I have been separated for 10 months in NC. I have a separation agreement, but my husband will not sign it nor will he meet to discuss alterations to it.
If I am the one in possession of the house, kids, etc. do I need to worry about having an agreement? He will forfeit his rights to equitable distribution if nothing is in place before the divorce is final, right?


#2

Once the divorce judgement is obtained his ED and Alimony claims will be lost unless he is able to preserve them prior to the judgement being entered. It is always best to have an agreement or court order in place in advance though, especially since you have kids. With no order or agreement in place addressing child custody, you both have equal custodial rights to the children.


#3

OK so what can I do if my husband refuses to sign the proper forms to grant me a separation &/or divorce. There must be something done when a lying & scared, piece of crap, “financial supporter” intentionally &/or maliciously is hindering the process due to the repercussions of his illegal pre-separation actions, for example.
Did I explain that clear enough?
I expect my husband will cause me as many problems as possible to keep from being ordered to pay spousal support &/or alimony. Please tell me the courts reprimand such foolish people/abusers!


#4

You CAN get divorced without having custody and ED resolved. Your attorney can advise you on how to get divorced without giving up any of your rights in the other areas. However, that just makes you unmarried again and unless you want to remarry, that doesn’t get you much.

Unfortunately, there isn’t a quick way to resolve custody and ED if your ex wants to drag things out. That tends to happen if they are angry at your OR if they just don’t want you to escape their power.

IMHO, you have to make a decision about whether you can negotiate a settlement with this person or not. Do they want to settle? Or do they enjoy the fact that they’re preventing you from moving on with your life (without them)? If they don’t want to settle, your best bet is to just file your custody and ED suits and let the wheels of the judicial system start to turn. Once you make those filings, you are on an inexorable path to a day in court. You won’t like the timelines because they are slow as hell, but at least you’ve begun the process.


#5

Yes, my problem in fact is making him financially responsible for everything my son and I need in order to survive. He has abandoned us with zero money & there’s no help whatsoever. Financial aid doesn’t handle divorce and as I stated, he abandoned us with no money, family, friends, etc, --after moving us out here for his job!? I need groceries…how am I going to be able to hire an attorney?!


#6

P.s. what is IMHO?


#7

Respectfully, ‘dogs’ comments about divorce are not correct. If you have not settled your claims for spousal support and equitable distribution before your absolute divorce is granted, those claims are lost forever. If your ex files for divorce you need to file for PSS, Alimony, and Equitable distribution right away to ensure you can preserve those claims. If you have any confusion about this, I urge you to talk to an attorney so that you fully understand these ramifications.

If your husband is refusing to sign a separation agreement, your only recourse is to file a lawsuit.