Obtaining copy of separation agreement


#1

I recently obtained a copy of my divorce decree, but also need a copy of my separation agreement. Can you tell me where I can get this? The divorce was obtained in Mecklenburg County. The divorce was handled through my ex’s attorney and I have no idea who that is since it has been so many years ago. Also, is it possible to have a separation agreement drawn up in one state but divorce in another? My ex was in the military at the time so I don’t know which state I should start with.

Thanks in advance.


#2

A separation agreement is a contract between spouses and it is not filed or recorded anywhere. If you did not retain your original copy you may want to try and contact your ex’s attorney to obtain a copy. It is possible to have a separation agreement executed in one state, and the divorce issued in another state.


#3

It has been misplaced due to moving. Should the custody order be in the divorce decree or the separation agreement or either or? There was a custody order in place but nothing is stated in the divorce decree. Also, since the custody order was originally done in Mecklenburg County (1998) would North Carolina still have jurisdiction if neither parent or child lives in the state? Mother has been out of the state for 6 years and the father and child have been out of the state for a little over 3 years.


#4

If you have an order on child custody it should be separate from the divorce decree. You should be able to obtain a copy of that from the court in which the order was entered.
The original custody order will still be enforceable in every state pursuant to the full faith and credit clause of the US Constitution.


#5

Do separation agreements ever expire? Is a custody order separate from a separation agreement or would that constitute an “order” of custody if the details are specified in the separation agreement?


#6

Separation agreements do not expire, although some of the obligations contained therein may (such as alimony). Custody can be outlined in a separation agreement or in a court order. An agreement is a contract, and a custody order is an order of the court, which would have to have been entered by a judge.