Friday, July 27, 2012

What if my spouse won’t sign the divorce papers?

Although the lack of cooperation can be frustrating, North Carolina law says that if you have been separated for at least a year and a day you can file for divorce. The court will grant the divorce based on the length of separation. Your spouse does not have to sign the divorce papers for the divorce to be valid, nor does your spouse have to consent to the divorce. 

In most circumstances, a divorce alone will not resolve your property rights in a manner that is satisfactory to most people.  You will want to negotiate a settlement with the other side to try and reach a satisfactory resolution.  If he/she still refuses to sign the final settlement documents (separate from the actual divorce), you may need to have a judge resolve your conflict.

It is important to know that you lose certain rights upon the entry of a Divorce Judgment.  Consult with an attorney about those rights before proceeding with a divorce on your own.

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