Can my spouse file for divorce and refuses to consent to a separation agreement?

A separation agreement and a divorce are two different things. A separation agreement is a contract you and your spouse enter into that resolves issues such as the division of marital property, child custody, child support, and alimony. A divorce in North Carolina can be granted by a judge after a couple has been separated (generally this means living apart) for one year, so long as one of spouse has lived in North Carolina the previous six months. If a spouse files for divorce and the other spouse does not answer the divorce complaint within 30 days, the judge can grant the divorce without the non-answering spouse being present in court. This is very important because equitable distribution of marital property and alimony are both lost forever when a divorce is granted if they have not been raised with the court. You should speak with an attorney about the specific facts of your situation.