Year and Day coming soon


#1

I have a friend that is currently in a separation from his wife. She has done some crazy things since they have been separated like broke into his apartment and stole his camera. We don’t have specific proof of her going into the apartment, but she has admitted that she was in the apartment and that someone had let her in. She recently came and took his car from him and he lives in a separate county from her. He just recently in the past day signed the car over to her to be done with her. During this meeting he informed that he is still going forward with divorce. She stated to him that in order for the divorce to be final that she would have to sign the papers. She is stating that she wants to see if things can be worked out but he is not trying to here that because of the actions from the past year.

So my question is if he does file for the divorce and she refuses to sign the papers, what is his next step?

Does he have to wait for her to sign for it to be finalized?

They don’t have any kids, no house and at this point no car or form of property together.

What is the process that he needs to go through to get everything finalized?

Thanks

butaflii2005


#2

From what I understand:

So long as they have been living apart for a year and one day (separated), then she cannot contest the divorce. Her signature is not required. If there are any other assets of value that he wants to be divided (401k, bank accounts, etc), then he will need to file for Equitable Distribution with the divorce or lose his claim on it the asset.


#3

The defendant in a divorce action does not need to consent, or sign any papers. All that is needed is that she be served with the complaint for divorce, and the action can proceed without her consent or participation thereafter.


#4

Thanks for the information.

I was talking to him last night. His way of communicating or finding out any information about what her plans are, are through his cousin who is also her friend. She mentioned to his cousin that she is going to fight for her marriage and not give up. He is afraid that when it goes to court that the judge will not grant the divorce because she will say she wants to work things out. Is that possible?

I told him when asked by the judge his reason for the divorce that he needs to speak on everything that she has done in the past year while being separated. With her breaking into his apartment, and taking his car, him also having to call the police because she showed up to his apartment on numerous occassions. While living in the same house there was physical altercations on both parties against each other.

Is there any reason that he should be afraid that the judge will not rule in his favor if she says she wants to work things out? He can’t afford a lawyer because he is in school, which is one of the reason he left because she didn’t support him going back. He just wants all of this to be over with and to be able to move on with his life.

Is there anytime that judges if she does show up for court continually deny divorce for someone because of the other party?


#5

NC is a no fault divorce state, the judge will not inquire, and will not hear any allegations of fault. So long as the parties have been separated for one year and one day the divorce will be granted so long as the Complaint was filed correctly and the hearing noticed.


#6

Thank you for the information again.

He is just ready for this to be over with it has been a long year coming.

Another question to make sure that he files correctly and all necessary documents for no issues. What documents does he need to file to the clerk of court for the divorce to happen and go through correctly? Where can he get these documents from ie. court or has to be law office?

I also was looking at some sample divorce papers and it showed where he would need a copy of the marriage license. Does he need that because I am pretty sure he does not have a copy? They were married in Mebane, NC which is Alamance County, but resided residence in Wake County. He currently is in school in Charlotte, NC (mecklenberg county). Would he have to request a copy from Wake county court house?


#7

The Complaint must be filed with a Summons and Domestic Action Coversheet. Some counties have self serve clinics that provide form documents, our DIY site also has all the necessary tools.
He does not need a copy of the marriage license.


#8

Thank you for the information this is very helpful. I did go to the website and looked at the forms and forwarded the website to him to get the forms. Thanks so much I feel a lot better for him since I know she can’t continue to hold on to him and make him miserable since they will be separated for the year and a day at the end of February.


#9

You are welcome, and I wish your friend the best.


#10

I do have another question. I was speaking to him today and he said that he spoke to a lawyer and she was telling him that if she responds and ask for mediation that the judge will grant it to her. The lawyer told him the reason for this is because many judges don’t like males and most of the time go for the female side. Even though they have been separated for the year can that happen? This is stressful for him and also myself he is wanting this to be over with so he can move on. She has made comments to his cousin about getting mediation to prolong the divorce and that she was all for it before but changed her mind because she didn’t marry him to get divorced.

To be honest me and him have been dating and it is making it stressful on both parts.

How can she request mediation if they have been separated for the year and the day and they go before the judge?


#11

There is no blanket favoritism for females over males. There is no mediation in an absolute divorce case, mediation is only ordered in cases where there is a disputed Equitable Distribution, Alimony, or Child Custody issues. The divorce cannot be prolonged.


#12

Thank you for the information. This is something that is definitely confusing and taxing and especially hearing two different things from two different lawyers. I hope as you say this is something that will not be drawn out. She is definitely trying to go for mediation because she feels that will prolong the divorce and give her a second chance with him. She has not been someone who has been a great sport throughout this separation and has done some mean things to him. So I hope he gets what he wants and that is a divorce from her and is able to move on with his life and career.

Thank you for the information. I hope it happens as it should and both parties move away from this learning a thing or two.


#13

The absolute divorce cannot be drawn out, and there is no mediation as there is nothing to mediate.
If there have been claims filed for Equitable Distribution of property and Alimony, those issues can drag on, and mediation can be requested to settle those issues. Even if these issues remain open, the divorce can and will still be granted.


#14

Thank you so much for the information, I feel so much better for him and myself going into this.


#15

You are very welcome, best of luck.