Since my ex-husband fails to abide by certain agreements of our divorce agreement, if I start doing the same thing to make a point what consequences might I face?

They are generally petty issues that I don’t think are worth the money to go back to court.

Asked on September 7, 2015 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

One party's violation or breach of elements of a divorce agreement doesn't generally allow the other party to breach, too, so if you start doing those things, your ex-husband could bring a legal action based on your breach, seeking monetary compensation, an adjustment in the agreement's terms, and/or a court forcing you to honor the agreement. The fact that he did the same things doesn't help you, since you had the right to bring a legal action to enforce the agreement--which is the proper procedure even if, as you point out, not always economically worthwhile--and your choice to "waive," or ignore, those violations does not moot your own obligations.


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