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.

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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 14 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


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