My husband has filed for divorce in Forsyth county. We have been separated for three years. We have a separation agreement that was recorded 7/09. The papers from his attorney do not mention the agreement, which I want incorporated into the divorce. Do I just give the judge the separation agreement at the hearing? Can my husband request the judge to make changes to the agreement? How do I “answer” the civil summons? Do I just sign the Acceptance of Service? In the separation agreement, my husband agreed to maintain an insurance policy with me as the beneficiary. How, after the divorce, do I know for sure he is still paying for the policy and that he does not change the beneficiary?
The agreement was not incorporated into the divorce if the divorce has not been granted. If the agreement is supposed to be incorporated, you must file an answer and counterclaim in which you seek incorporation, and attach a copy of the agreement to your answer.
The agreement will not be changed, and if your ex breaches the agreement after divorce you may file a motion to have him held in contempt of court.
Thank you for your response. I still have a question regarding the insurance policy. In my answer, can I request the judge make my husband provide proof monthly that the policy is in force? I don’t want to find out after his death that he let the policy lapse or that he changed the beneficiary to someone else.
You must request the information from your ex, and if he does not comply and provide the requested proof, you will need to file a motion for contempt, if he does not comply.