Q: Enforce a Marital Agreement post divorced
We were divorced a few month. In Marital agreement incorporated with Divorce decree that we agreed to sale the house and divide assets. The ex is not corporating to sale the house, what legal steps I need to take to enforce the agreement? Will I able to recover lawyer fee for work on the enforcement? Thanks
You could file a petition for contempt to enforce the martial agreement (which now has the force of a court order, since it was incorporated into the divorce decree). And yes, you could get attorney's fees as part of it - although that's in the discretion of the court.
If you'd like to talk further about your case (and I do practice family law in Berks Co.), feel free to contact me offsite through my Justia profile. Best of luck to you.
A: If you had an attorney for your divorce, I'd suggest that you get in touch with him or her. If not, contact an experienced family law attorney in your county. Your agreement ,most likely sets forth means for enforcement of the Agreement. Most agreements also include language concerning obtaining a counsel fees award for successfully prosecuting a claim of contempt on non-compliance with the Agreement.
A: The terms of your marital settlement agreement are the road map for your rights concerning the home and attorney's fees. It would be wise to schedule a consultation with an attorney to review your marital settlement agreement then advise you on the next appropriate steps to meet your goals. Most Agreements include enforcement provisions with the potential for attorney's fees if either party is found to be in contempt of the agreement.
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