Separation agreements do not have to be incorporated into the divorce agreement. ED MUST be finalized before divorce is granted. Once granted, ED can’t be done. Child Support and Custody can be changed at ANY time before, during and after divorce.
SO…Equitable Distribution: Before final divorce
Child Support: At any time.
You can get divorced before ED is completed it just already need to be in the system in progress. sometime the county we live in court systems is slower than other but when you are separated for 1 year you can get your divorce but you most show that your ED claim is already being processed through the court system.
I have a family member who has been divorced for 5 years and has just now received her equitable distribution. Must be filed before absolute divorce is granted but does not have to be resolved.
OOPPSSS…I just re-read. I MEANT to say it must be entered to BE resolved before divorce is finalized-not finalized before divorce is granted. That’s confusing-my apologies. I had a cousin what got divorced and 3 years later, she tried to get more ED (retirement, property) after ED had been decided. She was misinformed and SIGNED something she shouldn’t have just to get out and because she said she couldn’t afford an attorney. In this case, she couldn’t afford NOT to get an attorney. ALWAYS BE INFORMED and COUNSELED.
Generally, once you sign a separation agreement it is a legal and binding contract and generally is not amended unless both parties agree.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I am legally seperated. Can the seperation agreemsnt be ammended during the divorce settlement. Specifically chld support and seperation of property? Thanks