Divorce without a lawyer w/agreement



My wife and I are divorcing and I wanted to see how difficult it would be to file ourselves. We did have a separation agreement put together with a lawyer and it was signed. We acquired property but the separation agreement covered it and the home was put solely in my name. We have 2 children and custody and child support was also addressed in our separation agreement. We have been living separately and I believe agree on everything. What documents do I need to access and file and what do I need to do? Is a lawyer required and how long does the process take after our separation?


If all issues have been fully settled in a separation agreement and the separation agreement has been signed by both of you and notarized, then you can proceed to filing for an absolute divorce assuming you meet the requirements.

You can file for an absolute divorce without a lawyer. You must file the complaint and serve it on your wife by sheriff’s deputy or certified/registered mail (or she can accept service).

Check out our Absolute Divorce Page which has all the information you would need to help you file an absolute divorce on your own, as well as sample forms, and a step-by-step divorce guide.

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

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


It is possible to get separate from her, as you have all required papers. But still, if you process with the lawyer you will save much time from this process and you will have all time representative on behalf of you.