Property Distribution Question

You just have to incorporate your separation agreement into your divorce. As long as both of you still agree, then there will be no problems and the separation agreement will become a court order.

Dear angeldust:

Greetings. First, you do not have to incorporate your separation agreement into your divorce decree and I generally do not advise clients to incorporate their agreements into divorce decrees. If you have a binding and enforceable separation agreement, then you do not have to do anything else concerning your marital property. I would advise you to speak with an attorney and just have them review your separation agreement before you file for divorce. Thank you.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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.

My husband and I specified the division of our property in the marital settlement agreement. Is this all we need to do before filing for absolute divorce, or do we need to file something else with the courts? Thanks.