It is hard to tell from such a short question what you really need to know. A signed separation agreement is something that helps the parties and the court determine what the division of property and possible child support and custody is supposed to take place, but you don't have to have one to file for divorce, though it does make the divorce easier if there is one in place.
The next portion of your question has to do with 12 months. You can get a divorce in 12 months if you have a fault based divorce, meaning you are alleging adultery or something like that. However, if you are using the one year separation as the grounds for divorce, you are not allowed to even file for the divorce until the one year has passed.
Answered on Oct 08th, 2013 at 10:51 AM