If my spouse and I have a custody agreement that includes child support and distribution of assets/debts, is a court appearance still necessary in order to complete the divorce? If not, what are our next steps? Do we sign the separation agreement, file it with the court and then wait for the judge to grant a divorce, or is there another form that must be submitted to start the divorce process?
A fully executed separation agreement (signed and notarized by both parties) is not filed with the court. It is a contract between husband and wife and is completely separate from any court action and completely separate from the absolute divorce.
If no issues need to be resolved in court, then you can simply file a complaint in court for the absolute divorce. At least the plaintiff (the party filing the complaint) will need to appear in court for the divorce.
Check out our Do It Yourself Divorce Guide. This includes step-by-step instructions and all of the forms you’ll need to handle the absolute divorce process in any county in NC.
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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