I completed my divorce myself and it was finalized on 7/27/2015. My ex and I did not incorporated the separation agreement that we drew up ourselves into the divorce decree, however, he has a new girlfriend and she has convinced him that this means he does not have to follow it and he has not been. Since the divorce we have both moved out of state and I need to have the separation agreement added to the divorce decree to have it domesticated to TN. The lawyers here will not touch it unless I do so because a contract for the provisions for the children is just not in according with public policy and it is law that all provisions must be settled within the divorce. How do I get this done? I am floundering at this point. I don’t know what to do anymore.
You will not be able to incorporate the separation agreement into a divorce judgment that has already been granted. The separation agreement is still enforceable as a contract between you and your ex-husband. It is enforceable by a breach of contract lawsuit against your ex-husband, but it is not enforceable by contempt of court.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Can I instead sue him to establish custody and support under the divorce judgement even though neither of us live in NC anymore? Would this fall under long arm of the law, even if the divorce decree makes NO mention of the fact that we have children?
Suing for child custody and child support would not be a violation of the separation agreement assuming you have a typical separation agreement for NC. If you still resided in NC you could file a new action for child custody and child support despite the divorce judgment.
Whether or not you can sue in another state is a question for a family law attorney in that state as I am only licensed in NC.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.