After separation papers are signed

North Carolina Divorce Law Divorce and Separation Answers
1

Dear kkascm3:

Greetings. Your right is to file a claim for breach of contract against him in order to have him fulfill his obligations under the separation agreement. Hopefully you had the agreement drafted by an attorney and an attorney fee provision is included. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

My husband and I separated and signed separation papers in October of 2004. I have carried out my part of the deal, but my husband has yet to pay me any of the money he had agreed to in the papers. We had agreed that he would pay me a little every month until he had paid in full the settlement of me leaving the home. He is the one who had an affair and I have done nothing spiteful to him at all. What are my rights? Do I have the right to have a judge overturn this document if he is not going to fullfill his part of the agreement or am I pretty much in a no-win situation since the papers have already been signed? Thank You, Kathleen