Wife wants me to sign separation agreement

A separation agreement doesn’t have to be in place/signed in order to obtain a divorce. In North Carolina, she only has to assert that she has lived apart from you for one full year in order to obtain a divorce.


And NC is a no fault state so the only reasons divorces are granted is the one year one day separation requirement.

Dear deepseajohnny:

Greetings. Yes, she can divorce you after a year and a day without any other cause. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

if i don’t agree to this can she divorce me after a year without cause?