Divorce/Custody


#1

Can one spouse divorce another w/o both parties consenting or agreeing?
What happens to the separation agreement once a divorce is final?
Do the custody arrangements in the separation agreement stay in place even if once person did not agree to a divorce?
What if you have filed for full custody before divorce final?


#2
  1. Yes, one spouse can file for an absolute divorce and be granted an absolute divorce without the other party consenting. There are 4 requirements in NC to obtain an absolute divorce (1) the party filing has been a resident of the State of NC for at least 6 months, (2) there was a valid marriage, (3) the parties have lived continuously separate and apart for at least one year, and (4) at least one of the parties separated with the intent to remain separate and apart.

  2. Once an absolute divorce is granted, the separation agreement remains in full force and effect if it has not been incorporated into the divorce judgment. This is because a separation agreement is a contract, and an absolute divorce judgment does not cancel the contract.

  3. Yes, the custody terms, and all the other terms of a separation agreement, remain in full force and effect even after an absolute divorce is granted.

  4. An absolute divorce being granted will not affect a pending custody case. The custody case will proceed as normal.