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I'm getting divorced and my husband isn't following the settlement agreement we did ourselves.

Sanger, CA |

There were only two monetary things he agreed to. One was to continue the contract for the cell phone "without cancellation or interruption" until Dec. 2014 and the other was car insurance until Sept. 2013. I know these are fairly small things but my cell phone has been turned off and I'm upset that HE had me type up an agreement and we had it notarized at the bank to make it legitimate. This was in May and now I'm in CA and he is still in AZ. I believe we checked the box on the divorce papers that we came to a settlement agreement ourselves. So is there any way I can enforce the agreement? I can't afford to go to AZ to appear in court so I don't know if there is anything I can do.

Attorney Answers 3

Posted

Without seeing the actual "agreement" is it not possible to know whether it is enforceable. Attorneys who draft such marital settlement agreements stuff them full of enforceability provisions, including effective dates and attorney's fees provisions, then take care to get the agreement merged and incorporated into the decree of divorce so the agreement is enforceable both as a contract and court order. For the precise advice you needs, consult with an experienced Arizona family practitioner.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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2 comments

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Asker said they did the agreement themselves.

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Therein , as I suggested, most likely lies the enforceability problem

Posted

It doesn't seem to make sense financially to hire counsel to enforce such minor monetary violations.

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Posted

If the divorce was done in Arizona, then you will need to enforce this in Arizona and under Arizona law.

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