Q: Is it possible to sue for breach of a divorce agreement 15 years after the divorce?
I had a verbal divorce agreement with my ex-wife. She never fulfilled her side of the agreement. But it has been 15 years since the divorce. Can I still sue after all this time? I can show she never fulfilled her part of the agreement because in our written divorce agreement I was supposed to get our furniture. I never got the furniture. I let her keep it in return for her sending me other property.
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A: I seriously doubt it and having a verbal agreement that was not part of a written Judgment of Divorce and property settlement agreement was unwise. It is too late and this was handled wrong. Besides, if you did try, it would be a he said-she said dispute and the losing party could possibly have to pay the other party's legal fees.
A:
Thank you for your question.
Yes, it is possible to sue for enforcement of the agreement, however, it will only apply to written portions of an agreement. Courts tend not to enforce verbal agreements especially in the context of divorce. If you believe your rights are being violated because of the other party’s failure to abide by the written terms, you can file a motion to compel them to do so. Based on your circumstances, I suggest contacting an experienced family law attorney to address your specific concerns.
I hope this information was helpful to you.
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