I need to respond to the divorce complaint filed by my STXH. We have already signed and notarized the separation agreement and child custody and support agreement. These are not mentioned in the divorce complaint. I read that not having these mentioned in the divorce complaint makes it easier to amend later (child custody terms) of both parties agree. However, I do not want to be in a situation where I don’t mention it and it is divorce is granted without following through with the terms in those agreements. Should I counterclaim and mention that terms of the separation agreement and child support and custody agreement be followed, or should I leave that out of the counterclaim? What are the pros and cons. Thanks.
If custody and child support has been fully settled and resolved in another document (separation agreement or court consent order), then it does not need to be mentioned in the divorce complaint or divorce judgment.
If your custody and child support settlement terms are in a separation agreement that is signed and notarized by both parties, or a court order which is signed and entered by the judge, then it is a binding and enforceable document and the entry of the divorce judgment will not affect that.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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