Pro Se Divorce


#1

A friend is filing a pro se divorce, she has a separation agreement and wants to incorporate it into the divorce because it provides alimony and health insurance until she finishes school. It also protects her from being liable for assets her husband allowed to be repossessed. How would she do that with the forms provided here? Would it be an additional section and how should it be worded? For example:" On such and such a date the parties signed and notorized a separation agreement and the plantiff would requests it be incorporated into the final divorce decree with these amendments?"


#2

She will first need to ensure the Agreement itself does not prohibit incorporation, as many Separation Agreements do.

If not, and she has spoken with an attorney to ensure incorporation is in her best interests, a claim for incorporation must be added to the Complaint, and a copy of the Agreement attached as an exhibit.


#3

I looked at it and the agreement has no wording in it about being prohibited


#4

I would still recommend your friend have an attorney review the agreement and make a recommendation regarding incorporation, as it will make Alimony modifiable on the part of either party who can demonstrate a substantial change in circumstances.


#5

If it is not incorporated into the decree does it make the contract void/End or are both parties still required to perform under it?


#6

The contract is not void upon divorce, it is entirely enforceable, and if breached the remedy is a breach of contract action. Leaving the agreement as a contract allows the alimony to remain non-modifiable.