I am preparing our divorce pro se. I have the Complaint ready, and also prepared a Child Support and Custody agreement for both my and my ex’s signatures. Can I attach and file that with the complaint? I know that I cannot do that in an uncontested divorce, but can I attach it with an absolute divorce? Also, do I have to file in the county that I live in, or can I file in the county that my ex lives in? We would like to get the divorce done as quickly and as simple as possible…
Thanks!
The custody and support agreement can be incorporated into the divorce only if it is signed by both of you prior to entry of the divorce. You may file in either the county you live in or the county your ex lives in.
So I just need to reference the agreement in the divorce? Will we need to have a separate hearing on it, or will the court simply let it be incorporated in with the divorce?
You do not need to reference it at all if you don’t feel the need for the agreement to be a court order. Otherwise you will need to seek an incorporation at the time of filing, (the agreement must be signed at the time of filing) and the court will incorporate the agreement as part of the divorce at the divorce hearing.