Separation agreement was done in NC, I now live in WV, he in AZ. Our separation agreement is not to be incorporated into divorce decree, petition for divorce has been sent for service in WV, just started lawsuit in AZ for breach of contract as he owes arrearages for alimony. In the subsection of the separation agreement stating it is not to be incorporated into the divorce decree is a statement … "This clause may be pleaded in bar of such incorporation ". What court would he pled to to incorporate the separation agreement into the decree, what is the procedure, and finally where would the breach of contract suit in AZ play into all of this? Thank you for all your help!
The agreement is not to be incorporated. You may file a breach of contract action in AZ, and they will enforce the Agreement according to NC law.