My wife and I have been separated for four years, we have both lived in North Carolina our entire lives and we have a completed, signed and notarized separation agreement. This agreement includes child custody arrangements and a one equalizing payment, but no child support. I am hesitating in filing an absolute divorce because I want the separation agreement filed with the divorce. I have friends who have bad experiences with absolute divorce that does not have the agreement filed with it and then when issues with the ex-spouse arise it is very difficult to enforce the agreement. How do I file so that the agreement is entered with the court as part of the divorce?
There is no ‘filing’ of a separation agreement, so to speak, but you can incorporate your separation agreement into your divorce decree. You will need to include in your complaint for absolute divorce that you would like your separation agreement to be incorporated, and you can then either include the entire agreement as an attachment, or a memorandum of the agreement. Some parties prefer a memorandum so all of the details of the separation agreement do not become a matter of public record.