Charlotte, NC asked in Divorce for North Carolina

Q: Separation agreement merged into my divorce decree in NC. My ex husband is in CA, how can I take action for breach?

My ex husband was supposed to be responsible for half of our debts at the time of divorce, but he disappeared and I was unable to find him until recently when I found out he is living in California. I want to take action for breaching the agreement (which became part of the divorce) but am not sure how to do this.

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2 Lawyer Answers

A: This would be best dealt by an attorney by an attorney. Please reach out to an attorney for a legal and free consultation.

Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: The short answer is you hire a lawyer. Especially, if as you say 'you are not sure how to do this'. Would you ever in a million years think to yourself I'm not a mechanic but I'mma take this here screwdriver and duct tape I found in my kitchen drawer and give rebuilding my car's transmission a whirl? If so, you'd likely have better luck with the transmission than doing your own legal work. But if you mean your Separation Agreement was incorporated into your divorce judgment and this was done in a NC Court then you likely do not have an action for breech, you have an action to show cause for violation of a court order. Also, if your agreement was properly drafted and not something you did yourself, it should contain a clause that allows you to be awarded legal fees if the court rules in your favor.

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