Absolute Divorce and Separation Agreement

How can I file for an absolute divorce if equitable distribution of assets and debt is needed? Would I need a separation agreement to go along with the complaint for absolute divorce?

The spouse and I are in agreement on the terms so it’s not contested, correct?

We simply need to know what complaints/documents we need to file to accomplish the two goals (absolute divorce and equitable distribution).

We don’t have children. We don’t have property. We will not divide retirement or bank accounts. We only need to specify terms of debt repayment.

You can file for absolute divorce after you have been separated for one year. If equitable distribution is unresolved, then you can also file a claim for equitable distribution in the same document as the divorce complaint. So you would file a Complaint for Equitable Distribution and Absolute Divorce.

You do not need to file a separation agreement.

It is very important that equitable distribution is either resolved by separation agreement or court order or the claim is filed and pending at the time the absolute divorce is granted. If the absolute divorce is granted and equitable distribution is not resolved and there is no claim pending, you will not be able to use the courts to divide the property of the marriage.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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