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Separation Agreement Breach...ughhhh

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running.mom.of4

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I am being sued by my husband during our separation state (NC has a one year mandatory separation law prior to divorce).

A non court ordered separation agreement was signed by me and my husband.

I have indeed breached the contract. I now have a boyfriend that used to be a friend of the family and had done some handyman work around our house. The kids have known him and his children for over a year now. Our romantic relationship started about 3 months after my separation. Here's the 'sticky part'... In our contract we have a clause not to have members of the opposite sex around the children until divorce is final. With all the help that I needed getting established in my new home with very limited funds and no resources from not knowing anyone in my new state of residence, I needed my boyfriend's assistance. With my husband's jealous streak and his unlimited amount of financial resources, he opted to sue me for this breach and is attempting to have a restraining order placed on my boyfriend.
In addition, my husband has breached the contract 12 (that right, TWELVE) times himself. Once with introducing the children to a 'stripper' that his immigrant roommate brought home with children present. I have no solid evidence of all of the breaches, but have some documentation on his financial responsiblitiess that he did not adhere to. He hired ANOTHER 6k atty and is using a P.I. to follow me (4 months now) and take pictures of me and my boyfriend. There is no inappropriate actions that occur between me and my boyfriend in front of children) and the children think he is merely still a friend of the family. My atty will not represent me unless I come up with another impossible 5k... so it looks like I will have to let the 'golden rule' prevail, or not????

:confused:
 


WittyUserName

Senior Member
What is the name of your state (only U.S. law)? North Carolina

I am being sued by my husband during our separation state (NC has a one year mandatory separation law prior to divorce).

A non court ordered separation agreement was signed by me and my husband.

I have indeed breached the contract. I now have a boyfriend that used to be a friend of the family and had done some handyman work around our house. The kids have known him and his children for over a year now. Our romantic relationship started about 3 months after my separation. Here's the 'sticky part'... In our contract we have a clause not to have members of the opposite sex around the children until divorce is final. With all the help that I needed getting established in my new home with very limited funds and no resources from not knowing anyone in my new state of residence, I needed my boyfriend's assistance. With my husband's jealous streak and his unlimited amount of financial resources, he opted to sue me for this breach and is attempting to have a restraining order placed on my boyfriend.
In addition, my husband has breached the contract 12 (that right, TWELVE) times himself. Once with introducing the children to a 'stripper' that his immigrant roommate brought home with children present. I have no solid evidence of all of the breaches, but have some documentation on his financial responsiblitiess that he did not adhere to. He hired ANOTHER 6k atty and is using a P.I. to follow me (4 months now) and take pictures of me and my boyfriend. There is no inappropriate actions that occur between me and my boyfriend in front of children) and the children think he is merely still a friend of the family. My atty will not represent me unless I come up with another impossible 5k... so it looks like I will have to let the 'golden rule' prevail, or not????

:confused:
WRT the bolded: It might be helpful if you post the exact wording of this clause - because if it actually says "no one of the opposite sex" that's well nigh unenforceable. (The kids can have no contact with any adult male anywhere ever?)
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? North Carolina

I am being sued by my husband during our separation state (NC has a one year mandatory separation law prior to divorce).

A non court ordered separation agreement was signed by me and my husband.

I have indeed breached the contract. I now have a boyfriend that used to be a friend of the family and had done some handyman work around our house. The kids have known him and his children for over a year now. Our romantic relationship started about 3 months after my separation. Here's the 'sticky part'... In our contract we have a clause not to have members of the opposite sex around the children until divorce is final. With all the help that I needed getting established in my new home with very limited funds and no resources from not knowing anyone in my new state of residence, I needed my boyfriend's assistance. With my husband's jealous streak and his unlimited amount of financial resources, he opted to sue me for this breach and is attempting to have a restraining order placed on my boyfriend.
In addition, my husband has breached the contract 12 (that right, TWELVE) times himself. Once with introducing the children to a 'stripper' that his immigrant roommate brought home with children present. I have no solid evidence of all of the breaches, but have some documentation on his financial responsiblitiess that he did not adhere to. He hired ANOTHER 6k atty and is using a P.I. to follow me (4 months now) and take pictures of me and my boyfriend. There is no inappropriate actions that occur between me and my boyfriend in front of children) and the children think he is merely still a friend of the family. My atty will not represent me unless I come up with another impossible 5k... so it looks like I will have to let the 'golden rule' prevail, or not????

:confused:
You will have to represent yourself if you cannot afford to use the attorney. You should certainly counter sue for any breaches of the agreement on his part.

I would suggest that from now on you keep your boyfriend away while your children are present.
 

mistoffolees

Senior Member
I don't think anyone should be suing anyone. Since the agreement was never affirmed by a court, it's largely unenforceable.
 

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