What happens after he's served


#1

There is nothing you can ‘serve’ him to make him leave. One of you is going to have to leave, or there will be no divorce at all.

If he hasn’t left, and you’re not divorced, then how is he awarded 1/2 your retirement? THis question comes from reading your last post. I am assuming you’re preparing for the future separation and possibilities of ED distribution?


#2

You’re right…there is nothing to serve! This is so frustrating! I guess if I got the Divorce from Bed and Board route there would be some sort of served paperwork. And if he doesn’t show up for Court, I win.


#3

Well, you’d have to prove the need for Divorce from Bed & Board. It’s a lengthy process (and probably expensive). It still doesn’t address your issues of retirement and possible alimony if he’s the dependent spouse.


#4

I have been told by my atty and the Rosen atty that I probably qualify. I really would rather pay him off then go that route but I may have not other choice.


#5

Are you in a position to be able to move out? I would encourage you to meet with an attorney and see if this may be the best way for you to pursue resolving this issue.

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

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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.


#6

Both my stbx and I both want a divorce. However, he is stalling on the move out of the house for a variety of reasons. If I have him served, and he doesn’t respond, what happens next? He does not have an attorney and isn’t planning to get one. I’m in that Catch 22 of I can’t get him out of the house, I don’t want to move, he can’t afford to stay in the house and we can’t start the separation until we have actually separated. This is so frustrating!