In response to the advice that I was given from this site to seek a local lawyer to help enforce the agreement on the Separation Agreement.

I already had seeked a lawyer, however, was told that I could not sue my husband. I explained that I didn’t want to sue him, I just wanted him to send him a letter since he was ignoring my reminders. Again, the lawyer said “you can’t sue your husband”!

Asked on June 16, 2009 under Family Law, Louisiana

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

it sounds as if the attorney you spoke to was very unprofessional and what most attorneys you speak to will do is see what your end goal is and work together to get you to that point.

It sounds as if you may be a little annoyed at this point which is understandable. If your husband if not obliging by the terms of the separation agreement what you may want to try is to contact the court and speak to a clerk. They will oftentimes walk you through the process of filing a motion pro se.

What you need to do is make a motion for contempt stating that your husband is not complying with the terms of the agreement. What will also happen is that if he continues to act as he is the agreement will not suffice to file for divorce. I don't know your situation but you may want to think about filng for divorce and forgoing a separation agreement, that will ensure an end that he will have to follow or risk numerous repercussions.

If you need further clarification please post again

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.