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Kathy Berry

Kathy Berry

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My husband and I have a legal separation in NC which we acquired through an attorney. When we executed the agreement it was with the understanding that it would be followed even if a divorce would occur as he made provisions for me because I’m disabled.  He’s since moved to the state of IN and filed for a divorce. His attorney there states that if the separation agreement isn’t incorporated into the divorce decree that it will become null and void once the divorce becomes final( of course he’s not willing to incorporate it into the divorce decree now). 

 

When I googled online I seen different articles saying NC law states a legal separation is still a legal binding contract, separate from a divorce decree to be followed and enforced by law. 

 

If this is true, can someone please point me in the right direction as to where I can obtain written proof of this as a NC state law so I can get it to the attorney I had to hire out of state to represent me. 

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I agree with the prior response, but it's worth pointing out that the intended effect in NC may not be what happens in IN.  You need a divorce attorney in Indiana to represent your interests.  Otherwise, you're at the mercy of your husband and his attorney and the court in which the case is filed.

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