Seperation Problems


#1

Dear paul:

Greetings. A divorce can be filed one year and one day after the date of separation. If you have been separated in excess of this time period, and you don’t have issues of alimony or equitable distribution that you are working on resolving, then you can go ahead and file for divorce. Now, as far as waiting to sign an agreement, I don’t know…since you have not mentioned anything about when your date of separation was.

And, no, of course there is no charge for this? How would I charge you silly? Send you an e-mail bill? That really made me laugh though, so thanks for the giggle.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#2

Okay, I have been separated for 1yr and 25 days. I have had the separation papers filled out along with the divorce papers. This is a real simple filing, joint legal custody of one child with unlimited and noncontested access, no alimony, no child support, no property to deal with. I have purchased both his home and vehicles for him. He now refuses to sign the papers. What do I do now, can I get the divorce done without his signature? Can this even be filed? I would like for him to sign without issue, I don’t want to have him servered. I do not want a lot of drama with this. I just want out.


#3

This lady JanetFritts (real name or just a pseudo-name?) is doing such a very good job on this board, that we need to start asking ourselves when and how she earns a living.

This is really charitable, considering that the site is commerically advertised on T.V in the first place!

Maybe the e-bills should start flying, at say $2-$5 a piece. How many would pay?


#4

Dear penny and JohnDoe:

First, what would I have to write off as good deeds if I was paid for these posts?

Next, penny - NO DO NOT DO IT!!! If you get the divorce and you have not dealt with the issues of equitable distribution (property division) you will lose your right to file for the same. Go and visit with an attorney to understand your rights…and whatever you do, don’t file for divorce until you have settled your property issues. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#5

I have signed a seperation papers an my wife has not.do we have to wait another year after she signs or can we get a divorce when i sign.

If there is any charge for this do not respond.