Sep Agree in NC - Ex files for divorce elsewhere?

Dear Neesy:

Greetings. Your separation agreement is valid and binding if it was signed by both of you and notarized. Hopefully you had an attorney assist you with the separation agreement and there is a clause in your agreement which deals with “situs” or in other words, what laws your contract will be construed under.

Since Husband already filed for divorce, it would preclude you from filing for divorce in North Carolina.

Whether or not anything in your specific separation agreement can be changed by any other state depends on that state’s laws and the language in your separation agreement. For example, child support and child custody are always modifiable, even if they are dealt with in your separation agreement. Best to get an attorney to review your agreement and address the specific concerns you have. Best of Luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

A husband and wife have a signed separation agreement in NC. They are then waiting out the one year/one day period to file for absolute divorce in NC. One of the parties moves to another state, meets the residency requirements in that state, then files for divorce in that state before the year/day requirement that NC requires. This would, I assume, bar the filing of an absolute divorce in NC since proceedings have begun in the new state. Is the NC separation agreement still binding? Can the judge in the new state override the separation agreement? Is there anything that can be done to prevent this scenario from occurring?