Is it too late?


#1

If your separation agreement detailed what items he was supposed to give you, and he did not, then you may sue him for specific performance or breach of contract. Otherwise, you may try to pursue the matter in small claims court to have your property returned. However, the court may not allow the matter since you really should have dealt with it before your divorce was final.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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

My divorce was final in March, 2003. I left quietly even though my husband was having an affair and wanted out. We had a separation agreement in which I asked for only those things that previously belonged to me, the dog, small appliances, and my pottery collection. He kept his business, the house, the furniture, the large appliances, etc…Anyway, I just wanted it over, I did not want to fight. Now, he still has yet to even give me the things that were mine to begin with. I have asked many times. He gave me some boxes that I took and later found out were just trash. He said there is nothing I can do now that it is too late. Is this true? Did I wait too long to complain? In other words, am I just screwed??