Separation agreetment?

[tarheel247]

What is the name of your state? NC

My bf's divorce will be final on Monday. It will be absolute due to the year separation period. But his ex didn't agree to incorporate their separation agreement into the divorce. What does that mean? Kids are involved. So does this mean she can come after him for half of everything that she didn't alread get..even though she already signed the separation papers three times and they have been filed?

 

[Ohiogal]

Exact wording of the divorce decree please and the separation agreement.

 

[LdiJ]

What is the name of your state? NC

My bf's divorce will be final on Monday. It will be absolute due to the year separation period. But his ex didn't agree to incorporate their separation agreement into the divorce. What does that mean? Kids are involved. So does this mean she can come after him for half of everything that she didn't alread get..even though she already signed the separation papers three times and they have been filed?

It may mean that the issues of property, child support and child custody can be re-opened.
Consult a local attorney.

 

[tarheel247]

I don't have the papers in front of me. But I do know that it says that she has no right to equity in the house or anything other then the contents of the house. she gets the house she is at in return. His house burned. Not a total loss. But the contents are fine. She will get those once the divorce is over.

I know custody and support can be re-opened at any time. Thats not in question. What good are separation papers if they are not held up in court or be re-opened?

I'll try to get the exact wording if needed to answer the above question. They were drawn up by a local attny.

 

[Golfball]

From what I've been told regarding NC divorce and incorporation (I'm not an attorney, but this is how it was explained to me):

A non-incorporated separation agreement (where the separation agreement & property settlement (SA&PS) is not incorporated into the divorce decree) is one where the SA&PS is not part of a divorce decree, and is thus a contract, rather than a court order.

When the SA&PS is incorporated, it is a court order.

Usually, (as far as I can tell), local attorneys are not fond of incorporating the decree.

 

[tarheel247]

Ok. So what is the legal diff in the two? Are they both binding?

 

[Golfball]

Ok. So what is the legal diff in the two? Are they both binding?

They're both binding.

It's easier to modify (with consent of both parties) a contract than a court order. I *think* that's why most NC family law attorneys don't like to incorporate a SA&PS. Remedies for breach are slightly different, as well.