You only need to schedule a court date for the day and courtroom in your county that hears absolute divorce cases. Most absolute divorces are uncontested. If you are not completing your absolute divorce by motion for summary judgment, then you will schedule a testimonial divorce. This means you will testify before the judge in order to be granted an absolute divorce.
Your testimony should be centered around the 4 requirements for absolute divorce: (1) You have been a resident of the State of NC for the 6 months preceding the filing of the action, (2) you have a valid marriage, (3) you separated with the intent to remain separate and apart, and (4) you and your spouse have lived continuously separate and apart for at least 1 year.
The judge will not need to know whether or not you and your spouse have already divided property or agree on the division in order to be granted an absolute divorce. You do not have to show your separation agreement to the judge and you do not have to tell the judge that you have a separation agreement.
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