NC Separation agreement and divorce in another state


#1

My husband and I are working amicably on our Separation Agreement. We have written that I have permission to move to another state with our 2 children.
In NC we have to be separated for 12 months in order to file a complaint for divorce, however in the state that the children and I are moving to upon establishing residence with that state I can file in 6 months. My question is: How will the NC separation agreement come into play if divorced in another state?
Would the NC SA still be valid in the divorce decree?


#2

A separation agreement is a valid and binding contract between you and your spouse which can be enforced in any state as written. It needn’t be incorporated into the divorce decree at all, and usually it is not.