Court Filing Rights


#1

Have marital separation agreement. Alimony and education issues call for binding arbitration as remedy…rest of 7 issues he has not done are straight Breach which is covered in contract also. Can I file the Big issues of alimony and school and still have a right to file another breach of contract on other 7 issues after I resolve the first two, or do I lose my right to sue again for issues on same contract?


#2

You can sue for breach of contract on different issues in the same contract. Typically you would file one breach claim, covering all breaches. You can, however, choose to file breach on certain breaches and not on others.


#3

So I could then file breach and resolve the school and alimony issues and then in a few months file another breach for the other issues. The second issues are failure to disclose and 6 other just breach. Would the failure to disclose a large amount of money and property at time of divorce affect my alimony situation…so I should include the first time…??? Thank you!!!


#4

You are probably better off to file all of the breaches at the same time if you think some might be settled and some won’t be. If he ends up complying, or you can settle one or two of them, you can dismiss those breaches, and have a judge hear the others. Alternatively, you can file the breaches into one breach claim and if he complies/settles some of those with you, you can let the judge know in the hearing which have been resolved and which haven’t.