What to do if the terms of a divorce are not being complied with?

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What to do if the terms of a divorce are not being complied with?

It says I was suppose to sign a quickclaim deed for the home with in 10 days of the official divorce date, which I agreed to, however I never received one. Also, he is not paying a debt that he agreed to take over and it’s all hurting my credit because I can’t get my name off the debt.  He was the petioner for the divorce. I’m running out of money to spend on lawyers and the debt has made it nearly impossible to get a car or a new home for myself and my new family. The divorce was in NM in 11/11; he still lives there; I live in TN now.

Asked on May 12, 2011 under Family Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A divorce agreeemt or settlement is like any other contract or agreement; it is legally enforceable. You may look to bring a legal action yourself--not advised--or you could retain counsel to represent you. If it turns out that the former spouse is deliberately (e.g. not negligently) ignoring the agteement and otherwise acting in a sufficiently reprehensible way, it may be possible to collect attorneys fees from him, too. If you cannot afford an attorney, try contacting some of the organizations that offer support and advocacy for women generally or divorced women in particular: one of them may be able to provide or at least point you to some low cost, or even free, legal resources that could help you. Good luck.


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