Check here to receive email updates. If you're suing for monetary damages, you may even be able to file in small claims court, which could save you a lot of time and money. Even if you've spoken about it directly, send them a written letter using certified mail with return receipt requested so that you have documentation of the communication. Your separation agreement may include a clause that describes particular circumstances that must exist for the agreement to be modified. Angela McIlveen. NCGS Whether you file a contempt of court or breach of contract action, the judge who handles the case may send you to a settlement conference.
Repeated violations of a major term of the contract by your spouse likely would qualify as reasons to rescind the contract.
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For example, if your spouse agreed to sell their car and hasn't done so by the deadline in the agreement, you could sue for a court decision ordering them to sell their car. Contempt of court is only available for violation of a court order. You must ask the court to modify the terms. Our divorce lawyers can also help guide you through the court process and litigate any claims for which you are unable to reach an amicable resolution. Formal discovery includes information gathering tools such as depositions, subpoenas, interrogatories, and requests for production of documents. If parties are unable to agree on all or some of the major issues associated with divorce, litigation may be necessary.