Questions regarding separation agreement and divorce


#1

I have been separated since November 2008 and have a signed and notarized separation agreement. My ex moved out of state in March 2009 with our two kids. Due to the distance involved some of the original child visitation terms are really not physically possible. Can this separation agreement be modified with new terms? Also, it is possible that I will be residing in another state (due to job change) before November 2009. Does the divorce get filed in NC? Also after the divorce has been decreed, is there a time period before the divorce is actually finalized?


#2

The separation agreement can be modified, or you may institute an action for child custody though the court system.
With respect to the divorce, one party must be a resident of NC f at the time of filing and for the 6 months preceding the filing of the complaint.
Once the divorce complaint is filed there are various steps that take place prior to the judgment being issued. You may want to watch the video on the website that details the process.