Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My husband I have agreed to divorce but he won't sign the

Customer Question
separation papers how can I...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
10/16/2015
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,004
Experience: Attorney with experience in family law.
Verified

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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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
Family Lawyer: Lucy, Esq., Lawyer replied 2 years 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.

Ask Your Own Family Law Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,004
31,004 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My wife filed for legal separation on November 17th, 2017 in
My wife filed for legal separation on November 17th, 2017 in California. My response was filed for legal separation a few weeks later. I recently decided to amend my response to dissolution. As legal … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,004 satisfied customers
My wife wants to void our legal separation and file for a
My wife wants to void our legal separation and file for a divorce and I don't? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
My son has been legally separated from his wife for almost
My son has been legally separated from his wife for almost three years. He signed divorce papers about 18 months ago which she apparently never filed, probably because she did not have the filing fee.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
If my wife and I are legally separated in California, and
If my wife and I are legally separated in California, and the judge signs the order stating that the house we co-own is her legal residence, do I have the right to enter the house, as co-owner, whenev… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Shortly after, her company was purchased by a lager conglomerate and her stock options quadrupled in value. She acquired this job and th… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
As to my previous question, without a legal separation or
As a follow up to my previous question, without a legal separation or divorce, is there a way to ensure I cannot be held jointly responsible for any debts or financial liabilities that she may incur?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Weeks after, her company was purchased by a lager conglomerate and the stock options she was given upon being hired years ago quadrupled… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Question about legal separation/ legal divorce in CA: CA. My
Question about legal separation/ legal divorce in CA: … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
Divorce and custody Alaska. Wife filed for legal separation
Divorce and custody Alaska. Wife filed for legal separation and I responded changing to a divorce. Married 12 yrs with 3 kids. 6 yr old, 3 yr old and 11 months. Own a business and business is struggli… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
If I file for a legal separation before my spouse gets
If I file for a legal separation before my spouse gets admitted to a nursing home are my house & car safe from seizure? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I live in California and my wife wants a legal separation. I
I live in California and my wife wants a legal separation. I know they are rare and often lead to divorce, and have many more similarities than difference. The biggest difference I can see is that wit… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I have been legally separated for about 5 years now. i was
hello, i have been legally separated for about 5 years now. i was wondering would that have been a factor in my A disability compensation. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Can I receive a legal separation agreement while my divorce
Second opinion] Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separati… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
Can I receive a legal separation agreement while my divorce
Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separation agreement. Sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
Can someone get a legal separation without the property
Can someone get a legal separation without the property settlements and later if there is a divorce do the property settlement at that time?.… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
I had a legal separation agreement prior to our divorce. My
I had a legal separation agreement prior to our divorce. My ex wife had exclusive use of the family residence. I was to deposit my monthly pay check in the the joint account for living expenses and co… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I'm wondering if, in the case of divorce or legal separation
I'm wondering if, in the case of divorce or legal separation - at what age does a child have the right to refuse visitation with the parent? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
My husband and I are getting a legal separation. Divorce
My husband and I are getting a legal separation. Divorce before 2019 would cause a loss of income for me and we have agreed to stay married until 2019. He will buy me out of our house and I will quit-… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x