Jacksonville, NC asked in Divorce for North Carolina

Q: Does NC require a separation agreement be filed prior to one year separation and filing of divorce papers if uncontested

Wife is planning on moving to Georgia with our 15 yr old son. we are in agreement on all custody, child support amount, visitation, and no spousal support, and property division. Do we have to file separation paper, or only be separted for the year as NC requires before filing Absolute Divorce decree form after separation period is over?

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1 Lawyer Answer
Kelly Bross Myers
Kelly Bross Myers
  • Cornelius, NC
  • Licensed in North Carolina

A: A Separation Agreement is not required to file for absolute divorce in North Carolina. The only requirement for a resident of North Carolina to file for absolute divorce is one year's separation.

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