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.
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
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.