Just Wanting to Move On


#1

If a separation agreement is not up to date on payments (just a spousal award…no child support or anything like that), is either party able to file for Absolute Divorce regardless? I understand the penalties that can be invoked on late payments and the bindings of a SA, but I am under the impression that after a one year separation, the agreement would be incorporated and divorce would be granted, regardless of the monies involved. Is this correct? Am I making any sense? In other words, I could care less about the money, I just want my divorce.

You have been a big help in the past and I want to take a moment and thank you for your responses…

Thank You!!!


#2

The separation agreement remains valid and enforceable even after the divorce is granted, whether it is incorporated or not. You may proceed with the divorce, and it will not affect your rights to sue under the agreement.