Q: Husband broke separation agreement; failed to remove my name from mortgage and has cut contact. Want name off & divorce!
I was married 8/2011 and legally separated in NC 4/2015. I am originally from TN and currently live in TN. April 2017 marks 2 years legally separated. My legal separation agreement said that my husband had to refinance and remove my name from our property by July 2016. It has not been done yet and he has cut contact. I do not want to go to court to divorce, but I cannot file without his cooperation and my name being removed from the house. The separation agreement pertains to NC law and does state that whoever breaks it, is responsible for expenses. I am on a very tight budget, I need help. He is active duty military and is living in NC. I need my name off of the house so I can get divorced. I have to file for divorce in TN. The crossing state lines to contest the breaking of the agreement is making things to complicated. I've spoken with 2 lawyers that can't tell me what I should do.
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- North Carolina
- (910) 333-9679
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A: Virtually everything you are saying is wrong-ish. First, you are not 'legally separated' at least not in North Carolina. In NC there is no such thing or distinction as legally separated - one is simply separated or they are not. When it comes to divorce, in NC you do not need your spouses consent, permission or even cooperation. If you meet the eligibility requirements you are entitled to a divorce as a matter of law and there isn't squat all he can legally do to prevent it. So if he has resided in NC for at least the last 6 months, your best bet is likely to file for divorce here in NC, incorporate your separation agreement into your divorce judgment so that it becomes a court order and then pop him where it hurts with a show cause order for contempt of court if he doesn't come into immediate compliance with the separation agreement - oh, and yes, reimbursement for your legal fees.
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