separation agreement is simply contract. It must be voluntarily created by two different people who are of sound mind and at least 18 before signing. If all of these three requirements are certainly not met the agreement may not be enforceable. As a contract, if a person of the parties doesn’t meet their end on the bargain the legal option would be an action for breach of contract. This is a lawsuit prior to a court. You will be asking the judge to enforce the agreement and you might receive relief as monetary repayment (for financial matters not paid). You may receive relief as specific performance, the spot that the judge will order additional party to perform as they promised. You may also have the ability to recover property wrongfully taken, stop property from being removed from you, or prevent a meeting from occurring. What you will not be able to complete is declare contempt of court. You cannot declare contempt of court until we have an actual order in position. Once the judge makes an order concerning the breach of contract, if the opposite party isn’t going to do since the judge ordered, then you’ll definitely have a contempt issue.

When the majority of people think of contempt they consider a jail sentence. In fact, that’s one in the powers with the court: imprisonment to just make compliance having a court order. Imprisonment, however, isn’t only remedy in a very contempt action, the judge could also award attorney’s fees, impose a good, order payments not given, revoke an expert license, along with remedies.

Can you turn a Separation Agreement into a court ruling? Yes, that is certainly done by incorporating your Separation Agreement to your Divorce Order or Divorce Judgment. Incorporation occurs by demanding it around the face of the Divorce Complaint when you declare divorce and attaching a copy of the Separation Agreement for the Divorce Complaint. By doing this, it gets a judicial order, subject on the contempt powers on the court.

If you opt for not to enter to a separation agreement and select instead to adopt your domestic matter to trial, the judge can make a ruling (generally in the bench). The judge’s ruling becomes the Order. Again, once we have an order constantly in place you may then declare contempt if one other party will not do just what the judge has ordered. You register for contempt by filing a Motion to Show Cause in North Carolina. You will not have the capacity to file for breach of contract in this particular example nevertheless there is no separation agreement involving the parties.

The main difference then from your separation agreement and a court ruling is that the order from the court can be enforced from the contempt powers in the court even though the separation agreement standing alone cannot. While it is always safer to amicably resolve domestic matters without involvement from the court, there are times when that may be not possible. If you are able to negotiate a separation agreement and the opposite party just isn’t doing whatever they promised, you should file a breach of contract action in the court. If, however, you’ve incorporated your Separation Agreement to your Divorce Order or went straight away to court for ones domestic matters – for example Divorce, Child Custody, Child Support, Support and Alimony, and/or Equitable Distribution – and received a order from the court, you can apply for contempt.

It has never been wise to make decisions when under severe emotional distress. In addition, family law matters may be very complicated. Combining compromised selection, due to your emotional state, along with a complicated legal process can cause poor decisions which may have negative implications for the rest of the life. Consulting with legal counsel, regardless of whether just initially will help you determine, whether entering right into a separation agreement or filing case would be best on your particular list of circumstances.

The Law Offices of Tiffany A. Lesnik in Raleigh, NC offers free consultations and it has affordable legal services, many of which can be found online on your convenience. Call today (919-906-8988) to your free consultation.