Our Separation Agreement is a contract and not part of a court order. It has a no incorporation clause. In the separation agreement, I can not relocate with the children outside of our county, etc. In addition, my ex-husband is required to transport our two sons to a meeting each Monday night for a boy’s youth organization. I am required on Monday nights to transport our two daughters to their girl oriented youth organization. I feel that this is a valid requirement since it is part of the separation agreement which divided our assets, and is notarized. I feel that I gave up a lot to get the agreement that we have which was mediated outside of court. Our absolute divorce is also complete. Now, apparently he does not agree with terms of the agreement, including sharing expenses for these youth organizations by weighted income. My ex-husband has not transported our sons to their meeting for three months, and has not hired another person, driver, or parent to transport our sons. Can I sue him for specific performance? They are missing important achievements which have a time limit and might never be made up due to age limitations.
If your ex-husband has not done something that he is required to do in the separation agreement, then yes, you can file a breach of contract lawsuit against him asking for specific performance as your remedy. This means that you are alleging that he has breached a contract and that you want the court to order him to comply with the terms of the contract (i.e. the separation agreement).
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.