Incorporating Separation Agreement


#1

When I received my Civil Summons I answered it with the standard form stating that everything was accurate but adding a request that the separation agreement be incorporated into the divorce decree. Today I received a motion for summary judgement and notice of hearing. In it it says that the only issue to be decided is whether to grant the divorce based on being separated for a year and that there will be no witness testimony. My question is, what about my request to incorporate the separation agreement into the divorce decree? How will that be addressed? Also, how do I receive my paperwork that the divorce is granted if I choose not to attend the hearing? Mailed to me I’m guessing?


#2

You should talk to the attorney on the other side and ask to see the draft of the divorce order. If the order does not have the incorporation language, you should make sure to attend the hearing so you can bring this issue to the judge’s attention. If you don’t attend, you should receive a copy of the divorce order from the opposing party in the mail.