What happens to my Separation Agreement at the time of my divorce?

Following your divorce hearing, the court will enter a Judgment of Absolute Divorce, which incorporates the terms of your Separation Agreement, but does not merge the document into the final Judgment.  This means that your Separation Agreement will continue to exist as a distinct legal contract following your divorce.  The significance of this distinction is in the enforcement of your Agreement.  If your spouse does not follow the terms of your Agreement, you may seek enforcement of the Agreement through contractual remedies, or request that the court hold your spouse in contempt of a court order.

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Shelly M. Ingram's Profile Image
Shelly has devoted her legal career to family matters both in and out of the courtroom. As a child of divorce and a person who has been divorced herself, Shelly understands the uncertainty and frustrations of custody and divorce... Read More