Legal Question in Family Law in North Carolina

If the final absolute divorce form is never signed, are you still legally married? Even if a separation agreement was filed.

Asked on 9/16/13, 4:26 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law
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To be divorced the Judge must sign the Divorce Judgment. There is no signing by the parties. One party files for an absolute divorce and has the Judge sign it at the hearing. There is no way to prevent a spouse from getting a divorce in NC by not signing a document.

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9/16/13, 5:15 pm
Amanda Houser The Houser Law Firm, P.C.
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Mr. Love is correct. In NC there is no 'form' - a Judge must sign a divorce judgment. Also, there is no requirement that a separation agreement be filed. So whether or not your separation agreement was filed has nothing to do with your divorce. Basically, no divorce judgment signed by a judge means you are most likely still married. Also, keep in mind that in NC it is possible to be divorced and not know it. If your spouse filed for divorce and claimed they did not know where you lived, they could have gotten a divorce by doing a legal publication (basically an ad in a newspaper). It would be highly unlikely for you to get notice of your divorce by this method. If you are wondering whether or not you are divorced, the first place to start is to check with your spouse then check the clerks office for the county your spouse resides in. If you don't find anything it won't mean you aren't divorced but if you do find a judgment at least you'll know.

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9/16/13, 8:17 pm

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