Q: Can my ex have visits, if the divroce decree does not mention them, and no separation papers were attached?
My ex filed the divorce papers in a wrong manner. This did not attach the separation papers. Apparently my attorney did not get the answer to the court in time , and I am only concerned my daughter not have to visit my ex. There is no mention of visitation in the divorce dcree, only in the separation agreement. Now I will have to pay an extra 225.00 to get it attached.
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- North Carolina
- (910) 333-9679
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- Answered
A: If your ex did not want the Separation Agreement incorporated and purposefully left it out - then she likely filed correctly. So unless your Separation Agreement states that it 'shall be incorporated' or words to that effect, it is likely too late to now have it included in your divorce judgment (or as you put it 'attached') since you missed the time to answer. Even if the Separation Agreement were incorporated into the divorce judgment, custody and visitation are always open issues and can be modified at most anytime. So if your goal in trying to now get the Separation Agreement incorporated into the divorce judgment is to ensure your ex won't even get visitation - you may be in for a surprise at some point.
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