Emotional Abuse

North Carolina Divorce Law Divorce and Separation Answers
1

Dear acrobinson3:

Greetings. If you have a valid separation agreement, then you generally cannot go back and renegotiate a settlement, even if he is not living up to his end of the deal. Instead, you will need to file a breach of contract claim against him. 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

I was married for 15 years and separated in March 2004. I left because of years of emotional abuse, some physical abuse, continual mind manipulation and control (of course he admits none of it). Various counselling attempts but no real change. He blames me for everything. We have a separation agreement, but he is not holding up his end of the bargain on what he signed. Now, I want to add emotional abuse to the list with monetary compensation. Is there case law for this? Does the abuse have to be proven? I have witnesses including his family willing to come forward. I had to change my lawyer once and the current one just shewed me off when I mentioned “mental anguish”.