Orlando, FL asked in Divorce and Legal Malpractice for Florida

Q: What can be done to encourage opposing counsel to make his client perform as agreed in settlement?

I have a final divorce decree signed by both parties, attorneys, judge and entered. So divorce is finalized. Settlement agreement stipulates specific actions to be done my former spouse before I hand over any money - return property w/in 30 days, transfer life insurance policy w/in 45 days, execute quit claim on house w/in 60 days. These things have not been done and it's not looking like they will be. My former spouse has moved out of state and her attorney will not do anything to make her comply with the agreement. He just says he's waiting on the documents which is all that he's been saying for the past month. What can be done?

Related Topics:
2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Depending on the specific actions required you can file a motion for enforcement and contempt. The responsibility to take action lies with your former spouse, not the attorney.

Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Why isn't YOUR attorney working on this for you??? Her attorney has no obligation nor can he force her to do anything. You should immediately file a motion to enforce / contempt. Unless and until you do this, what is your former wife's motivation? None.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.