Separation Agreement Signed Court Date Set

North Carolina Divorce Law Divorce and Separation Answers
1

Some backgroud:
My wife and I have been separated for 28 months and I have gotten to the point to set a court date. We have a signed Separation Agreement that her council drafted in March 2009. In the agreement I stated that I would pay her alimony of $600 a month for 8 years. There are no children involved. I also absorbed all the debt that was acuired during the marriage. When we first separated I stated that I would be willing to pay part of medical insurance for her but she did not include it in the separation agreement and has not mentioned it until recently when I filed for divorce.

Problem:
She now wants to force me to change the agreement and postpone my court date which is set for 5 days from now.

Question:
Can she now force me to change my very generous separation agrement to include this or delay the divorce? Even if she shows up and complains on the court date I don’t think that the judge would change the agrement but I don’t know for sure.

2

She cannot force you to renegotiate the agreement. She may be able to get a short continuance on the hearing, but it would not be more than a few weeks. The judge will not, and cannot change the agreement.

3

I forgot to mention that she failed to respond to the court when she was served with the Divorce papers. This now brings it into default. Can she still delay it even though she failed to respond in the alloted time?

Thanks for the help.

4

No, she should not be able to.