I don’t quite know what you mean by “filed in Iredell County”. Separation agreements are not filed. You have a notarized copy and he has a notarized copy. The agreement is enforceable. You will have to sue him to enforce it. I don’t know if it will be a breach of contract or failure to perform. If you win he could be liable for attorney’s fees and court cost.
Are you divorced? Is there any time frames stipulated in the separation agreement?
Yes, we are divorced. I guess filed is the wrong word. It is notarized. The divorce was filed in Iredell county, and incorporated the terms of the separation agreement. The divorce was signed by the Judge in November of 2007.
Okay good. You will probably have to sue him to make him abide by the agreement. Maybe he will loose his nerve when he gets a letter from an attorney. Only the court can force somebody to do something.
The answer to your original question is yes.
Yes, because the divorce was filed in Iredell county and was incorporated into the divorce decree in that county you would need to bring the action there. However, because it was incorporated you do not need to file a breach of contract action, you can file a motion and order to show cause.
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Hello. My separation agreement deals with the buyout of a business (he bought me out). As part of the agreement, he is to pay me a dividend based upon a percentage of income derived from several employees that I brought into the company. The separation agreement is filed in Iredell County. The business, however, is now located in Mecklenburg County. Can I file a breach of contract action, based upon the separation agreement, in Mecklenburg county (where I reside and where the business is located)?