I caught my husband having an affair several years ago. I asked him to move out 6 months ago. He refuses to sign the separation agreement. I cannot afford an attorney. What will happen if he doesn’t sign the agreement but files for divorce after the one year separation period? Can I file for the divorce after the year and include the separation agreement as part of the divorce?
If there is no separation agreement in place and an absolute divorce is granted, then you will have no final determination and distribution of the marital property and you will be barred from asking the courts to divide your property.
If he will not agree to a separation agreement, then you will need to file a claim in court for equitable distribution (property division) so you can get a court order. The equitable distribution claim does not need to be fully resolved by the time the absolute divorce is granted, it just needs to have been filed and pending at the time of the absolute divorce.
Check out our article Navigating Basic Court Procedure in North Carolina to help you understand how court works.
Also, take a look at our Sample Court Complaint that you can use as a guide to draft your own.
Lastly, you can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource for you to handle your separation and property division issues without spending thousands of dollars retaining an attorney.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.