Legal Question in Family Law in North Carolina

First, if you are doing your own divorce - that's not a smart thing to do. There are a ton of things you can and likely will screw up - incorporation of your Separation Agreement is just one of them. If your Separation Agreement was properly drafted, it will contain a clause that specifies whether the document can or can not be incorporated. If your Agreement is not properly drafted and is silent on that issue likely whether it can be incorporated or not is your choice - it will then be up to the Defendant to make a stink about it or not - oh, yes if your Agreement is not properly drafted and silent on the issue, your Agreement could be incorporated by the Defendant whether you want it to be or not. Further, if you make the mistake of even so much as mentioning the Agreement in your complain for divorce - it will likely be incorporated whether you want it to be or not. Anywho, incorporation has many plus and minuses and they will be pluses and minuses depending on certain factors. For example, if you are receiving benefits from the Agreement such as payments of any type such as alimony, child support, house / car etc. you will likely want the Agreement incorporated. Why? Because incorporation takes your Agreement and turns it from a mere contract into a court order. Breech a mere contract, no big deal - violate a court order that's a different story. On the flip side if you are the one obligated to make payments under the Agreement you likely won't want it incorporated. Another of the many considerations you are likely to overlook because you are not an attorney is that incorporation make your Agreement a public document. It is unlikely there will ever be a line of people wrapped around the court house just itching to get a peek at your Separation Agreement but if privacy is a concern for you - you may not wan to incorporate. These and a host of other things are things you will want to consider in making your decision whether to incorporate or not and incorporation is just one of the many issues that need to be carefully and properly decided when divorcing or you could screw yourself, often irreparably. So your best bet is to hire an attorney - its not that expensive.