Can someone tell me how the separation agreement fits into the divorce- I mean once the separation agreement is signed before a notary- what then? is this separation agreement filed at the court house? and if so, at what point? If I am representing myself in the divorce do I take this agreement to the hearing? How will the judge know if child support issues are agreed upon? We are not having a court ordered child support set up- we are paying each month as promised- so does there need to be a separation agreement at all?
Also I am filing in Forysth county- anyone filed in this county on there own? I called the court house and they don’t provide all the forms needed to complete the divorce- I think they provide all except the Judgement for Absolute Divorce- if you don’t have money for an attorney how does someone draft this form themselves? Any one know???
A separation agreement is a contract. Once it is signed by both parties before a Notary it is enforceable as a contract. Separation Agreements are not filed with the court, but may be incorporated in a divorce judgment when one is entered. Whether or not it would be advantageous to incorporate your agreement would depend on the specifics of your individual case.
As for child support, it is not affected by divorce. I always prefer to have support agreements in writing, but if you and your ex are operating under a verbal agreement you are still able to file for support at anytime in the future if he fails to comply, regardless of whether the divorce is complete or no.
As for the forms, check out our list of forms for a sample divorce judgment.
I know every county is different- Durham county provides the judgement for absolute divorce form- Forsyth county in Winston Salem does not- I went online and looked at your forms and online forms for NC- the issue I am having is some of the wording is different- such as, Durham county has in all caps JUDGEMENT FOR ABSOLUTE DIVORCE. The form I found online for Wake County just has in all caps JUDGEMENT. Does this matter? How do I find out what information needs to go on this form?
If I want to include a separation agreement that contains child support, property and banking issues- would I incorporate the separation agreement on the JUDGEMENT form and if so can someone give me an idea of how word it.
The title of the caption can be either Judgement or Judgment for Absolute divorce, though the latter is preferable as it is more specific.
If you want to incorporate your agreement you must first ensure the agreement does not contain language that prohibits incorporation and that incorporation is to your benefit. You must then plead for incorporation in your Complaint and include in the findings and decreatal section of the Order that the same is incorporated.
I would still recommend you have a lawyer look over your paperwork before proceeding as you are seeking more than a simple divorce with the incorporation.