What now?


#1

My husband has asked for a divorce and has stated that we don’t need to involve lawyers, just live seperately for a year and file uncontested divorce. We’ve been married less than 2 years. He recently purchased a vehicle and I am the primary party listed on the loan (due to having better credit) - I have no interest in the car, but would like my name off of the loan. When he moves out, his name will be off of our lease. He has stated that he only wants certain items in the unit (acquired after marriage). We’re in agreement with “who gets what” and that we don’t want/need lawyers. 1)I’m wondering what happens now? 2) Do we have to complete a seperation agreement…3) by not doing so, are either of us able to get hurt when it comes time for the divorce? 4) Also, do we have to wait a year to file for divorce? 5) How am I able to move on with my life if I’m “still married” and seperation isn’t legal (I gather) in NC?

Again, neither of us want a battle, we both just want & need to go our seperate ways. Thank you for your insight!


#2

The facts you list tell me that the only potential property issue that may not be resolved is the car loan. I suggest that you have your husband re-finance the car loan into his own name. Once that is done you will not need a Separation Agreement, as all the martial property and debts will have been distributed to your mutual satisfaction.

You must wait the full year before filing for divorce.