In Raleigh, North Carolina, couples are supposed to live separately for a year minimum before they can file for divorce. During this period, the couple can draft a separation agreement that defines various aspects like property division, child custody and support, and the person responsible for bills and debts. Separation agreements form a foundation for divorce, preventing the lengthy divorce process.
However, there are instances when one spouse may refuse to sign the separation agreement for various reasons. It could be that they do not want to end the relationship, disagree with the terms, or cannot afford separation. If this happens, you cannot force them to sign the agreement. Threats, coercion, and manipulation to convince them to sign the agreement could affect your results in court.so, what do you do if your partner refuses to sign the separation agreement? The following are steps to take.
- Find a Mediator
Finding a third person to mediate and find a resolution is a good idea. The mediator will help both of you agree on the terms of separation. Remember, the person you choose does not have the power to execute the agreement. They are a neutral party whose role is to communicate the issues and assisting you through the process. They offer advice and suggestions that will help you agree. Once you reach an agreement, you can sign the document without threats or coercion.
- Seek Legal Counsel
There are circumstances when you need to seek legal counsel or take legal action against your partner. If the person refuses mediation or separation, seek legal counsel from family law attorneys in Raleigh, NC, to help both agree. The professional will evaluate the situation and guide you based on the law applied in Raleigh. They will also explore the law to see if the spouse has grounds to refuse to sign. You could also go to settle matters like child custody and support, property division, and more. However, the court will decide the case if you meet the grounds.
- Adjust the Agreement
Your spouse could refuse to sign the separation agreement because they are unsatisfied with the details and terms. Therefore, adjusting the agreement is the best solution to such a situation. Consider revisiting the contract terms and show a willingness to compromise and address concerns. That way, you may get your partner to cooperate.
- Seek Court Intervention
As mentioned, if all the above efforts fail, including the court could be best. So, consult your lawyer about the eligibility of legal action to enforce your agreement. The court could also help decide on property division, child custody, and child support. It is important to note that the court process can be tedious and time-consuming. Therefore, it is advisable to consider the advantages and disadvantages of court intervention.
- Safeguard Your Interests
If your partner has completely refused to sign the agreement, what is left is for you to safeguard your interests. Maintain all the communication records, financial information, and others you may need to prove your cooperation.
Final Thoughts!
Signing a separation agreement is crucial if you are separating from your spouse. A separation agreement records what you and your partner agreed upon upon separation. It provides certainty and essential details you will need during the divorce process. So, ensure both parties sign the agreement to avoid issues later.