What to do if my ex-husband has not abided by a property settlement agreement that we signed during our divorce?
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What to do if my ex-husband has not abided by a property settlement agreement that we signed during our divorce?
How can I enforce a property settlement agreement if I live in one state and he lives in another?
Asked on November 27, 2012 under Family Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Suing across state lines is a "jurisdictional" issue in a lawsuit rather than a substantive issue surrounding the suit. That means that if you sue him you have to serve him properly across state lines in order for the judge to have the right to not only hear the case but decide it either for or against him and get relief. That is jurisdiction and you should speak with an attorney in your area about the technicalities involved. Now, the agreement isa contract and so you can sue for a breach. The agreement was also probably incorporated in to the order of divorce. That means that you can also make a motion for contempt. Good luck.
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