Divorce decree and separation agreement


#1

My separated husband and I have a separation agreement that each of us signed and had notarized but never officially filed it with the court. I have recently received a request for an absolute divorce from a lawyer that he hired. The paper I received only states about 6 things…we have been apart for more than a year, when we got married, we have two children, there is nothing about alimony being discussed and were each of us are residents. It does not reference to our separation agreement in it anywhere. In the agreement, I did add a section that the agreement may be incorporated into the divorce decree. My concern is that I do not see it mentioned nor referenced to in the paperwork that was sent to me and I must reply to his request within 30 days. In my reply do I simply state that I want the separation agreement also incorporated in the decree or am I at a point where I am going to need to hire a lawyer to help me incorporate the agreement? Or should I reply that I agree with the request for absolute divorce, however, I also want to have the separation agreement incorporated into the document?


#2

If you want the agreement incorporated, then you need to answer the complaint and request that it be incorporated into the divorce decree. You also need to make sure that this really occurs by either confirming with his attorney or being present the date the motion or hearing is held.