Hi, I have a question regarding the incorporation of a Separation Agreement which outlines property settlement and debt division. (There are no children and no alimony is to be paid to either party, home in both names is going to wife who will pay mortgage, debt is listed and divided between spouses, and husband’s pension will be sole property of husband). Papers will be filed in Mecklenburg County, and we have been separated for over a year.
After the Separation Agreement has been signed by both parties and notarized, does it then get submitted to the Court along with the Civil Action Cover Sheet, Summons, and Complaint for Divorce? Or do we simply each retain a copy of SA and not file it with the Court? I have read on your site that Separation Agreements should NOT be incorporated into Final Judgement for Absolute Divorce. My concern is a privacy issue, as neither party wants the Separation Agreement and the personal financial information contained in SA to become public record out of concern it will wind up on the internet. I am unclear as to whether the SA has to be submitted to the Court to be valid and whether the Judge has to approve it when when Absolute Divorce Judgement is issued. Also, is it necessary to have personal information such as social security #'s listed in the Divorce Complaint form? Again, the concern is that the County (Mecklenburg) or the state will post this sensitive personal information online. Is there any way to avoid that from happening?
My last question pertains to notarizing the documents. I have been living in Union County for over a year while spouse resides in Mecklenburg, which is where papers will be filed, however, my Separation Agreement and other forms list Union County above the space provided for the Notary signature. Can I have my documents notarized by a Notary in Mecklenburg county instead, even though documents state the Notary to sign is in Union county? I have been unable to locate a Notary in Union County and doing this in Mecklenburg would be much more convenient, but I am not sure if this is permissable.