After your year and a day, you can file for divorce. It takes about six weeks for a court date, and sixty days until you get your paperwork back from the county.
Just to be sure I understand what your question included, you said you have a separation agreement and are looking to incorporate it into the divorce judgment? Yes, your separation agreement must be signed before a notary by each of you. You mentioned you planned to file for the divorce soon, so here is what you can do. First, go to our web site to get instructions on filing your own divorce. There are very good, step by step instructions. Also, depending on the county in which you live, the clerk may have a pro se packet to help you fill out the forms correctly. Every county is different, in that they have different local rules for filing your divorce. Be sure you check with the clerk for the county you plan to file in.
If your agreement includes a provision that indicates incorporation, then yes, this is included in your complaint when filing. One last thing, be sure you do have a signed agreement and if any issues are open, such as the distribution of assets or debts (ED), be sure you properly reserve those issues.
Please be sure to see an attorney if you plan to file for divorce prior to having a signed agreement.
Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com
4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice
301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100
Now that it appears we have a separation agreement what happens next ? Does it need to be signed to be valied ? We incorporated EPD into so it can be used as the divorce document ? Our year is up in 53 days and i want to get rid of this person ASAP.