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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29312
Experience:  Attorney with experience in family law.
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My husband I have agreed to divorce but he won't sign the

Customer Question

My husband I have agreed to divorce but he won't sign the separation papers how can I get the separation papers filed if he won't sign
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If he won't sign the papers, you can file for a contested divorce. He can't prevent you from getting a divorce by refusing to sign. It might help to ask whether there is a specific issue that's preventing him from signing, because then you could amend the papers and file a partial agreement on some issues. That might make going through a trial easier. But that doesn't have to be done immediately. If you file for a contested divorce, the two of you can give the judge a full or partial agreement later.

This packet may help you create and file a Complaint without your spouse's help.

http://www.lawhelpnc.org/files/CF76DC62-D528-7183-3117-39472C017826/attachments/38261CCE-A906-AD20-DB75-D161BC78CB08/ciu-divorce-packet-rev.pdf

If you're trying to get the papers signed in order to start the one year separation period, then you could try reducing the agreement to a single sentence stating when you separated. But also, the separation date can be proved by other things, like the date one of you entered into a lease for another property, the date one of you put utilities into your name at another property, or if you moved in with someone else, they could testify as to the date.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
That was not my question. Can I get a legal separation if my husband will not sign the separation papers, he is refusing to do so. We have lived in different states for two years. I want to file for divorce but as I understand it here in NC. You have to be separated for a year first and have shape ration papers signed and filed in the county where we got married. I have the papers drawn up and have given them to him but he will not sign them because now he wants to work on the marriage but I am done and want out. How can I get a legal separation if he will not sign the papers I feel trapped
Expert:  Lucy, Esq. replied 1 year ago.

There is no procedure for legal separation in North Carolina. Look at my second paragraph above - that is the answer to your question. A husband and wife are legally separated on the day they move into separate residences and stop living together as spouses. You don't need him to sign anything. You just need to stop living together, and there are many ways to prove that. You're not trapped.