Spouse will not sign


#1

You can’t make her sign separation papers. If you have been living apart from the home for over a year and 1 day, then you can file for divorce. She can’t contest it. Now, if you have not made any provisions for Equitable Distribution, then you need to do that before you file for divorce. If you’ve been separated, and you have no problems with property division, asset or debt division, then the divorce will end you marriage. Your post was vague in that we dont’ know if kids are involved, whether you’re paying child support or spousal support. I would advise a lawyer consultation before filing anything. Just to be on the safe side.


#2

If they refuse to sign the separation agreement your next step would be to file litigation and ask the court to make an order regarding the division of your assets.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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.


#3
quote:
[i]Originally posted by timeswastin[/i] [br]I HAVE BEEN SEPARATED OVER A YEAR NOW FROM MY SPOUSE AND I HAVE SENT SEPARATION PAPERS TO THEM AND THEY REFUSE TO SIGN. WHAT IS THE PROCESS FOR THAT IF THEY REFUSE TO SIGN THEM.
YES KIDS ARE INVOLVED AND VISITATION AND CHILDSUPPORT IS SET IN THE AGREEMENT ALONG WITH PROPERTY DISTRIBUTION. BUT THEY WILL NOT SAID THAT THEY ARE NOT SIGNING ANYTHING. DO I HAVE A CERTAIN TIME LIMIT TO WAIT BEFORE I FILE FOR A LITIGATION.

mstrt


#4

You can file for custody and/or child support at any time. You must file to Equitable Distribution and alimony before your divorce is final or you lose the right to bring those issues before the court.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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.


#5

I HAVE BEEN SEPARATED OVER A YEAR NOW FROM MY SPOUSE AND I HAVE SENT SEPARATION PAPERS TO THEM AND THEY REFUSE TO SIGN. WHAT IS THE PROCESS FOR THAT IF THEY REFUSE TO SIGN THEM.