Seperation agreement

A separation agreement survives a divorce judgment. In NC, divorce is a separate issue from child support, property issues, alimony, and custody. It sounds as if you have settled all of the issues except divorce, and if that’s the case, I see no reason that you would have to come to NC, unless you planned to contest the divorce (if that’s the case, I would strongly suggest hiring an attorney, or at least consulting with one). Make sure, though, that your property division and alimony issues were addressed in the separation agreement, as those claims are lost if not filed before the divorce judgment is granted. If your husband has filed a divorce complaint, you should receive a copy of the summons and complaint soon.

David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My husband and I had a separation agreement done in April of last year.It included child support,divition of personnal property,spouce support(we both agreed it would continue until either I remarry or either of us die)Visitation rights etc…We were also told we had to be separated for 12 months before filing for divorce(which he didn’t) Now He has started the divorce papers and claims everything in the separation agreement is still legeal and the divorce will not change or over ride the separation agreement… Is this true? I can’t efford and attorney and I can’t efford to fly to N.C From PA.I used a army attorney for our separation agreement and now he doesn’t seem to want to help me. PLEASE help Lisa form PA