Ex violates divorce agreement, my options?


#1

Ex has violated divorce agreement by having someome of the opposite sex live in the home with my child. What are my options?


(Anna Ayscue) #2

If the terms prohibiting this are included in a court order, then your ex would be in contempt of court. You could file a contempt motion (called a motion for an order to appear and show cause) against your ex.

If the terms prohibiting this are included in a separation agreement, then your ex would be in breach of contract. You could file a breach of contract lawsuit against your ex.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thanks for the reply. Based on your description, it is a Breach of Contract. What does a Breach of Contract mean for the agreement as a whole? What are my options with bringing suit? Can I have my child stay with me until the person is moved out? If child support is part of the agreement, is it affected?


(Anna Ayscue) #4

The separation agreement remains valid, including the child support terms, while you have a breach of contract lawsuit pending. You likely cannot have your child stay with you until the third party moves out of your ex’s home without you also being in breach of contract.

Before filing a breach of contract lawsuit, you can send your ex a letter stating that you believe he/she is in breach of the separation agreement and that you intend to file suit if he/she does not correct the breach within a certain amount of time. Depending on your separation agreement terms, you may be able to recover your attorney’s fees if you are successful in your breach of contract lawsuit.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Thanks for the reply. It’s been over 3 months since I have confronted my ex about the person living in the house. I verbally said you are in breach of contract of our agreement. The person is still living in the house with my ex and now has been there for over 6 months. Should I also now send a letter that I plan to bring suit since the ex has not heeded my warning of BOC? What should my next steps be?


(Anna Ayscue) #6

You can threaten litigation against your ex for breach of contract but this is not a required step. Sometimes the threat of litigation will cause the other party to correct the breach. If you don’t think this will do any good in your situation, then you can go straight to filing the complaint and serving it on your ex.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.