Separation agreement and Jurisdiction

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and I are working on a separation agreement and if given consent to move to a different state then I would be moving with our children.
There is wording that I am not quite clear on and wanted clarification.
In the agreement it states that the agreement is to remain in effect for 10 years and both parties agree not to use the court to seek changes to its term.
This Agreement shall be interpreted under the laws of the State of North Carolina. Any litigation under this agreement shall be resolved in the trial courts of (County that we live in)
This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements and understandings with respect thereto

So my question is, whenever we divorce can I still divorce in my new home state upon establishing residency?
Does this just mean that I cannot litigate the agreement in any other county than the one stated in agreement?
What would my new home state have jurisdiction over?

2

Thanks for your question. Unfortunately, you’ve asked something that goes beyond what we’re able to deal with on the forum. You need a specific answer to a specific legal question and you should work with an attorney to get your issue resolved. Fortunately, we’ve got a program that might be helpful to you.

Rosen Divorce Online is a service that provides you with unlimited access to an attorney along with all of the forms you’ll need to get your problem solved. There is a fee for the program, but you’ll get the specific answers you need to move forward and get your legal issues resolved.

I wish we could devote more resources to this forum to answer complicated and specific questions such as yours, however, that’s not something we’re able to do in every instance. The Online service is exactly what you need and it’s offered at a reasonable cost. I hope you’ll take a look at it and see if it might be useful to you.

Information about Online service is available at Do It Yourself North Carolina Divorce.

Good luck.