Divorce & Equitable Distribution in NC


#1

I have a property separation agreement out of mediation, but they have been very slow and have not responded to some of the conditions at all. Now they are asking for a divorce judgment in a different county after demanding I sign deeds and have my attorney hold them. Can I still petition the court for ED and void the agreement for them not complying?


#2

If you have a validly executed separation agreement, and your former spouse has refused to comply with portions of the agreement, your remedy is to sue for breach of contract. The agreement wont be ‘voided’ so to speak simply because they haven’t complied with the terms; your legal remedy is to sue for breach.