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?

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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