Dear kristalclear:
Greetings. First, I am not quite sure what is going on. Do you have a signed, notarized separation agreement? Was this document signed before the date of divorce?
Also, is he paying you monthly alimony pursuant to an agreement? If you have a signed separation agreement, you need to file a breach of contract claim to immediately have him start paying. If you don’t protect your rights to receive funds, you could lose them.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668
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.
Janet
I do have a signed, notorized and filed separation agreement that was signed prior to the divorce. We had been separated for over a year when he finally agreed to sign the legal separation papers. So within a week of him signing the papers I had them filed at the courthouse and then filed for divorce, which was finalized a week ago. He did not have to pay me monthly alimony just a one time lump sum payment, which has not been done yet.
How would I go about filing a breach of contract claim?
Thank you for your reply
Dear kristalclear:
Greetings. You must file a complaint and allege a breach of contract for one of the counts. You will most likely need an attorney. Also, if your agreement was drafted correctly it will also contain a paragraph that ensures you can recover from him the total costs of your attorney fees. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668
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.
My divorce is finally over but my ex still has not complied with the terms of our agreement. In our agreement it stated that he was suppose to pay me a sum of money upon filing. We filied and I let it slide that he had not paid because he told me it was taking time to get the morgage company paperwork done and that he need the officail documents that we had filed with the courts to get it done. Now more than enough time has passed and I am not even sure that he has even filled out the paperwork to start the refianceing of the home.
We had a DO IT YOURSELF divorce (with the help of a paralegal who drew up the papers). My question is what can I do to make him stick to the agreement, how long do I have to wait and will I have to get an attorney to do anything?
Thank you