If my ex-husband has not abided by our divorce agreement, what are my rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my ex-husband has not abided by our divorce agreement, what are my rights?

Upon our daughter’s graduation, he was supposed to refinance or put the house up for sale. It’s been 4 months now and he has not done either. Is he in contempt of court? What’s my next step, file for a petition in court? I have no money for a lawyer.

Asked on October 27, 2010 under Family Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A divorce agreement is essentially a contract; if one party does not abide by it, the other may sue to enforce it. That means that  you could sue him on the basis of the agreement to get  him to either literally do what it requires (called "specific performance") or else to pay equivalent monetary damages. You could sue yourself ("pro se") if you need to, but would be much better off getting an attorney to do so. If you can't afford a lawyer, you could try contacting you state legal aid (who provide  legal services to those who can't afford); your state or local bar associations (who might provide referal to an attorney who will do pro bono, or for free); or a divorced women's or mother's support or advocacy group, which may have some legal resources or recommendations to help you. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption