I was given papers on Monday that stated my husband was not going to pay alimony based on nc statue 60-15.9 …cohabitation…I found out today that my seperation agreement is non incorporated! Is my only recourse suing him for specific performance? How long will this take and how much will it likely cost. Is proving cohabitation difficult in NC… I am dating this person… He spends the night… Has no personal belongings at my home… No rent … no utilities… we just wnjoy eachothers time! What am I to do. Where can I find an attorney that will review my case!
A breach of contract action for specific performance could take a few weeks or months to get on the trial docket depending on the county, and you must account for service of process, the time to answer, and any necessary discovery. My best guess would be 2 to 6 months to get a hearing date. If your ex is in breach he will likely have to pay your attorney’s fees as most separation agreements include an attorney’s fees provision in the event of breach. You may contact our office by dialing anyone of the main numbers and choosing extension 100 to schedule an appointment with one of our attorneys. If we do not practice in your area we can refer you to a lawyer in your area.