Not following separation agreement terms

Asked almost 2 years ago - Fairfax, VA

my wife and I have signed a separation agreement. My wife is not following the terms of the contract, she still hasn't left the house we rented before separation. I am having to pay the rent, bills for the town home, she is not letting me take the kids 3 days a week as we agreed, I signed up to give her money every month, but I can't give her all the money I signed up to pay her since I have to pay for the town home she is staying in as well. She is not cooperating at all. I filed for uncontested divorce and it will take around two month to get the separation agreement turned into a court order, etc..

What can I do? will this hurt my case? obviously she is not abiding by the contract and I can't pay her all the money because I am taking care of her rent and bill which I am not supposed.

Attorney answers (2)

  1. Mary G. Commander

    Contributor Level 16

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    Answered . You can schedule a hearing to have the contract (which is what the Agreement is) be made into a court Order and then have it enforced by contempt. You also no longer need to have court hearings for uncontested divorces. Virginia authorizes the use of Affidavits effective July 1, 2012. Your money would be well spent to consult with a lawyer.

    This response does not create an attorney-client relationship and is intended for general information purposes... more
  2. Jennifer E Mandell

    Contributor Level 15

    Answered . I agree with the previous attorney: you should get an attorney to assist you with this (to push through the divorce on a more expedited basis, to advise you as to which of these obligations you have to pay and which ones you do not, and to enforce the agreement against your spouse). The Fairfax Bar Association has a lawyer referral service that provides you with a 30 minute consultation with an attorney for an administrative fee of $35 or $40. Visit www.fairfaxbar.org for further information about this service. You can also search on Avvo and elsewhere for family law attorneys in your local area that offer free consultations, as many of them do.

    This response does not create an attorney-client relationship and is intended for general information purposes only.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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