Contest a divorce due to separation agreement not agreed


#1

This is actually part 2 of a question I sent about a separation agreement- the 2 parites have been separated 1 year and 4 months but the 2 can’t agree on all the details of the separation agreement- child support, day care and dance expenses are not the issues. She wants him to carry a life insurance policy for 50K in the childs name? is this normal? can she make him do this? she also wants him to agree to help buy the child a car when she turns 16 (child now 8), pay for college, etc… he won’t agree to these things because he saids, he won’t know if he is able to help with these types of things 8 to 10 years from now. My question is once he files the divorce papers can she contest the divorce because these issues are not agreed upon? should he go ahead and have her served? Can she stop it from happening?


#2

He can go ahead and file. He doesn’t have to agree to anything concerning support or child issues…they are addressed separately and have nothing to do with the divorce. If there are PROPERTY issues still unaddressed, then he needs to enter a claim for Equitable Distribution BEFORE the divorce is filed for.

The court can decide custody and child support through orders
But the court can’t require a parent to pay for college OR purchase a car OR life insurance.


#3

Judges will not normally order that the payor spouse have a life insurance policy for the child, but may do so in special circumstances. As for the car, car insurance and college expenses, those are not ordered by the courts in child support determinations.

The divorce has nothing to do with these issues, and cannot be contested on that basis.