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#1

Winbenkat,

The issues that you settled with your Separation Agreement do not need to be checked on the cover sheet. It appears that the only issue that you’re asking the judge to rule on is divorce. There is a potential issue that you may want to consult an attorney about, though, and that is whether you’re going to incorporate your Separation Agreement into the divorce judgment.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

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#3

Dear winbenkat:

Greetings. I am sorry to hear that you fired your attorney. I would think twice about incorporating your separation agreement, as some of the things you bargained for may be immediately modifiable when you do.

Nevertheless, your agreement must have a clause that allows it to be incorporated and then you must ask in your complaint for it to be incorporated. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

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#5

Dear winbenkat:

If you don’t incorporate it into the divorce judgment, the separation agreement is enforced through a breach of contract claim. Yes, it is easier to enforce the issues of payments when they are in an order (or incorporated into an order).

The court can always modify one of its own orders, and you are in effect making your separation agreement an order of the court. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

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