Separation Agreement

Dear Harris:

Greetings. You cannot obtain a divorce through a separation agreement. A separation agreement can finalize all issues dealing with child custody, child support, alimony, and property division, but the actual divorce must be filed with the court. A separation agreement should not state “no party shall file for absolute divorce” or the separation agreement may be invalid. In North Carolina you cannot contract to get a divorce, nor can you contract not to obtain a divorce. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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 but a full discussion with an attorney should be undertaken before taking any action.

Can a separation agreement grant divorce or will there be other steps after signing a separation agreement. Why whould a separation agreement state no party shall file for absolute divorce??