If my ex-husband has not abided by our divorce agreement, what are my rights?
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If my ex-husband has not abided by our divorce agreement, what are my rights?
Upon our daughter’s graduation, he was supposed to refinance or put the house up for sale. It’s been 4 months now and he has not done either. Is he in contempt of court? What’s my next step, file for a petition in court? I have no money for a lawyer.
Asked on October 27, 2010 under Family Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A divorce agreement is essentially a contract; if one party does not abide by it, the other may sue to enforce it. That means that you could sue him on the basis of the agreement to get him to either literally do what it requires (called "specific performance") or else to pay equivalent monetary damages. You could sue yourself ("pro se") if you need to, but would be much better off getting an attorney to do so. If you can't afford a lawyer, you could try contacting you state legal aid (who provide legal services to those who can't afford); your state or local bar associations (who might provide referal to an attorney who will do pro bono, or for free); or a divorced women's or mother's support or advocacy group, which may have some legal resources or recommendations to help you. Good luck.
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