divorce between states

[Jessicalynne]

Well my husband and will not have lived together for almost 2 years this coming June. I few months back he told me he filed for divorce, which is what we both want. Anyway I checked public records and no sign of him filing and I have not received anything. I told him i was going to file, so now he claims if I do he will not sign the papers. If I get an attorney and get him served and he does not sign then what happens, I can't spend money to drag it out because he is stubborn. Will the court make him sign? And he is in FL, and I am in NC. Also there is a child involved where does he stand on just being able to come and take her?

 

[dee_dub]

Assuming you've lived in NC for six months and you've been separated from the Mr. for at least a year, file for a no fault divorce in NC. He doesn't need to sign the papers. He just needs to be notified. If he chooses not to respond, it's an uncontested divorce by default. So if you're worried about him dragging it out, worry more about him responding than not responding.

He can't just "come and take" the child (legally), but he will almost certainly have a claim to some form of custody and access. Consult with your divorce attorney about this.