Mutual Agreement Pro-Se Uncontested Separation & Subsequent Divorce

North Carolina Divorce Law
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OVERVIEW

Approximately 30 days ago, while I was away from my home visiting parents, unbeknownst to me, my wife vacated the residence (with all her belongings), which I did not see coming, nor did I request or demand her to do so (she left on her own accord & moved into her friend’s home). We ultimately arrived at the mutual and amicable decision to separate 12/1/17 (via a signed Separation Agreement & Property Settlement … “the Agreement”), and we will amicably file for divorce (uncontested) after the mandatory 1 year and 1 day separation period.

As our Agreement was mutually and amicably entered into w/out an attorney ( no disrespect ) we mutually agreed not to utilize an attorney (no disrespect) to handle the procedural process of the divorce (when the time comes), in an effort to save the money. However, that being said, we have not ruled out using one (1) attorney to merely handle the procedural matters of the divorce, due to our time demanding jobs.

The Agreement, which is already executed, reflects that during the marriage; no children, no joint bank accounts ever established, no joint accounts of any kind or nature ever established, maintained separate auto insurance policies … everything was always separate … nothing joint, and no property was ever jointly owned. I owned my home prior to the marriage, which served as the marital residence. Wife has waived all rights to the home per the Agreement (even though it was never in her name nor was the mortgage ever in her name), and I’ve released her from any and all obligation with respect to the home, and I will retain those obligations and remain in the home. Our Agreement establishes that we’ve mutually agreed that EVERYTHING (assets / liabilities) have been equitably and fairly divided to our mutual satisfaction, reflects we’ve mutually agreed to relinquish and release each other from any and all claims / obligations, etc., and all personal property has already been physically divided.

Questions:

  1. Does Guilford County (where we are domiciled) require:

a. The Agreement be filed now, to officially establish the official separation date of 12/1/17 (as reflected in the Agreement);
b. Or is the Agreement to be filed in conjunction with the divorce proceedings (when the time comes to file);
c. Or does Guilford County even require that the Agreement be incorporated in to the divorce pleadings (as an exhibit) at all ?

  1. Should we decide to utilize one (1) attorney to merely handle the procedural matters of the divorce, could you estimate what the range of those fees and costs will be (I won’t hold you to this range).
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  1. No, the separation agreement is not filed with the courts at any time. It is kept as a contract between you and your wife. The exception to this is if you want to incorporate the separation agreement into the divorce judgment. Incorporation means that you transform the agreement from a contract into a court order. If you will be incorporating the divorce judgment, then you would reference it in your absolute divorce complaint and attach it to the complaint and later to the absolute divorce judgment.

Otherwise, you prove your date of separation by testimony under oath or a verified complaint stating that the information you provided is true and accurate to the best of your knowledge.

  1. I am unfamiliar with Guilford County attorney’s fees for an absolute divorce. Fees could be hourly or flat. For just an absolute divorce however, attorney’s fees will be much less than hiring an attorney to help you with a separation agreement or to go to court. However, note that the State of North Carolina charges $225 to file a complaint for 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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