How important is a separation agreement viewed in a court of law and the breach of it? My ex-spouse has continually breached our agreement to the point that I have had to file for full custody. He has even been warned by his attorney and continues to breach the agreement. He agreed not to have our children in the home of his mistress and has all but moved in there and overnight-ed there the entire time we’ve been separated. This has been very damaging to my children and not to mention his mistress is of ill repute. We agreed that they were not to be in her home as well as no overnight guest(s) related by blood or marriage are allowed to overnight with the children. My oldest son already lives with me because of this situation, and I am trying to get my other children as well. Please feel free to comment.
A separation agreement is a binding agreement and as such, Courts will uphold it and take breaches seriously. If your ex-spouse has breached the terms of the separation agreement, you can file a breach of contract lawsuit against him.
For more detailed information about breaching separation agreements, check out our detailed article Breach and Enforcement of Separation Agreements in North Carolina.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Thank you. We chose to file for custody versus suing for breach. But we
are using his breach as the foundation of our case.