My wife and I have a complete separation agreement that covers everything from property to custody to support. We are coming up on the year of separation. What happens now? Does this separation agreement just become our divorce? Is this like An uncontested divorce? Or do we need to rewrite it and come to new agreements?
Once you and your wife have been separated for a full year, one of you will have to file a court action against the other for an absolute divorce (called a complaint). You can file the complaint on the next business day after your one year mark. For example, if you separated on 8/1/2016, you could file for an absolute divorce as early as 8/2/2017.
The separation agreement does not become the divorce. A judge must sign a judgment for absolute divorce in order to be divorced and have the marriage dissolved.
Since all issues for you have already been settled in your separation agreement, you will have an uncontested divorce, meaning that both you and your wife are agreeing to the absolute divorce.
The separation agreement remains valid even if there is an absolute divorce. It does not need to be rewritten with new terms and agreements.
Check out our article Absolute Divorce - The Details for more information, including information on filing a complaint.
Also check out our Do It Yourself Divorce Guide which has step-by-step instructions for you to obtain an absolute divorce.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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