Breaches to Agreement


#1

Not a lawyer but here are my “2 cents” … he may want to start out by reminding here of the terms of your separation agreement - but make sure you all are then sticking to it completely as well or it will come back at you. Then you have to ask yourself, is this worth pursing (time & cost) with legal action? Are the children in any jeopardy? Will this alienate the children? Or are you all just miffed because of her behavior and want to make her stick to the agreement because you did?


#2

Super answer mal–I agree–the costs seem to outweigh the benefits. With one exception: Being able to contact the spouse when they are out of town. That’s the only one that worries me. It sounds to me like your husband’s ex simply wanted to put chains on him after they separated, and didn’t realize that as her own social life improved, the chains would apply to her as well. See how HE feels about pursuing the enforcement. My guess is that he will be like most men (I am one): Live and let live. But tell me how to reach you out of town![:)]


#3

Dear Margaret890:

Greetings. Yes, your husband has a recourse. What exactly does he want to have happen? Does he just want to restrict her from cohabitating or something else?

Janet L. Fritts
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

My husband’s ex was very clear in certain areas of the divorce agreement. 1)They need to tell each other anytime the children would be leaving town (over 50 miles)- - where, phone, when returning, etc. She has never abided. 2) The parent cannot have an overnight guest if the children are with them, a no-brainer to me, but we are married now, so this does not apply to us. She was very strong on this issue, and yet she is now doing this herself. Does my husband have any recourse at all? What’s the point in having an agreement and not abiding by the contents? She has not abided by any of the contents? I am just curious.