my stbx and i had a signed SA, I left the home, and came back, we merged all assests back together… now i am wanting to seperate again and
sign a new SA, modifiy somethings in theSA, is alimony, and add other things that were left out of the agreement the first time… he is now refusing to sign the sa says if i am so unhappy leave with just 1/2 of our savings and forget about alimony. he does not want me to leave.
. I refuse the leave the home without a signed SA, what is my next step to ensure I am protected.I? ,
second question. I have also read or at least interperted your responses that if you get back together and merge your funds in joint accounts with the hope it is going to work and it does not , then a new seperation agreement needs to be done is that correct?
If your ex will not sign an agreement you will have to file suit and bring the issues of property distribution and alimony before the court. You do have to be living separate and apart from your spouse to file such a claim, but you can seek to regain possession of the residence by court order fairly quickly.
The answer to your second question depends on the language of your old agreement with respect to the property provisions, however alimony and any property acquired after reconciliation will require a new agreement.
I do not want the home. we we seperate i will move out of state. I take it if he does not sign and i have to file suit . it is better for me to move into apt here in Raleigh till the court hearings are over then move out of state. kinda hard to file suit when I am in another state.
You may file suit from another state, but you would have to return for court hearings when they are scheduled. While that is inconvenient at best, it may be easier than renting a short term apartment. Legally it will not make a difference, whatever choice you make.