Should I answer her?

She left August 28, 2022. We’ve lived in separate residences since then with everything separate…finances, residences and etc. Our intention was to work on our marriage and reconcile, with me moving back in with her in July 2023. We had a major disagreement in April 2023 and I decided not to move in with her and have remained separated. I want a divorce now.
She still wants to reconcile and I refuse to see her. She is now texting me asking if I want a divorce?
If I respond and tell her I do want a divorce is there any way it can be held against me? Can it be held against me if I refuse to respond to her at all and just wait to file for divorce as soon as I legally can file?

You do not have to respond to her, nor can she use your lack of a response against you.

Similarly, based on the limited information you’ve provided, there would likely be no harm in responding saying you do want a divorce.

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.

Thank you for your response.