QUESTION

My husband wants a divorce but I don’t. What can I do to protect myself legally?

Asked on Oct 17th, 2020 on Divorce - North Carolina
More details to this question:
My husband has left me saying he doesn’t want to be married. He gave no reason why. He said that we could be friends and he would continue to support me financially.
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1 ANSWER

Bankruptcy Law Attorney serving Greensboro, NC at Hill Evans Jordan & Beatty, PLLC
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You can't stop him from getting a divorce so long as you have been separated for over one year and it was his intent to remain separate and apart for that year.  So at this point, unless he agrees to reconcile, you need to consider what steps you need to take to protect possible claims against him.  The most relevant claims are one for equitable distribution (property division) and for post-separation support and alimony (spousal support).  If these claims aren't pending prior to the divorce being finalized, you will lose the ability to pursue them.  So you will probably need to consider whether you should file a lawsuit against him for these claims, or whether you should try to work something out voluntarily.  If you work somethign out, you can sign a contract with him that resolves your claims, which contract is typically entitled a Separation Agreement.   It is quite easy to make mistakes on your own if you are purusing either option, so I would highly recommend you talk to a local family law attorney.  
Answered on Oct 19th, 2020 at 8:59 AM

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