Incorporating the document into the courts


#1

Generally a Separation Agreement can not be changed by the court with respect to financial issues. FYI - NC does not have anything called a “divorce agreement” and separation agreements are full and final docunments that have nothing to do with divorce. Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

What has to be done to incorporate a separation agreement into the courts? Would it require consent of both parties or can this be done by either party at any time?

Thanks


#3

My experience is that it is rarely done.

However, when it is done, it is typically done at the request of one party, to a divorce action, pleading that the agreement calls for incorporation.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

When my ex filed for divorce my lawyer made a point of not allowing the document to be incorporated into the courts. Our separation agreement had a statement that said “this agreement shall not be submitted to the court for its approval and shall be estopped from seeking adoption or incorporation.” He said it would make it difficult for my ex to change our agreement. Our separation agreement became our divorce agreement. My ex hasn’t been paying his money as he should and I have filed a suit to have his wages garnished. He has filed a reply requesting to change our agreement. Can he legally change things since the agreement was not incorportated into the courts? If so, how often does a judge change an agreement that was accepted by my ex as an agreeable separation and divorce agreement?

Thanks!