Hello,
My spouse and I are living separately, agreed on child support and ED. We typed up our agreement and have it notarized. My question is, are we eligible for an absolute divorce if we agreed on custody, support, and me assuming the mortgage loan (ED)?
If so, how can I get started with the motion. I know I can file a “All Motions Complaint”. But is it still necessary if we agreed on everything?
Thank you in advance.
If you have agreed on all issues (custody, child support, alimony, and equitable distribution/property) and it’s been reduced to a contract/separation agreement and signed and notarized by both spouses, then nothing needs to be filed with the court in regards to the settlement and you can move forward with the absolute divorce process if you’ve been separated for at least one year.
You must file a complaint for absolute divorce to start the absolute divorce process.
Check out our Do It Yourself Divorce Guide - North Carolina for step-by-step instructions for filing and obtaining an absolute divorce, the forms you’ll need, how to fill them out, etc.
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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