Legal Question in Family Law in District of Columbia

Legal Effect of Unilaterally Breaching Terms of Separation Agreement as it perta

My spouse moved out last October (2002) and filed for an uncontested divorce in DC. He was represented by an attorney who drafted a separation agreement for us, including an acknowledgement that our lives were now separate, that personal property had been divided and no longer an issue, and that our retirement, IRA, 401K, bank accounts etc., were divided and would not be an issue. We both signed the agreement. We also agreed that we would not bother or contact each other, and we were free to live our lives as though we were single...including socially.

I am representing myself pro se. She is now represented by a different attorney who suddenly is making this a contested matter over the property settlement including summoning me for a deposition with less than 10 days notice, and a list of interrogatories that includes submission of documents that we agreed were no longer at issue.

Can I stand on the terms of the separation agreement or does he have the right to essentially operate as though it doesn't exist?


Asked on 12/03/03, 1:29 pm

2 Answers from Attorneys

Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Legal Effect of Unilaterally Breaching Terms of Separation Agreement as it p

First things first.... we need to take a look at that agreement very very closely before giving a definite answer. This is one of those cases where you DO NOT WANT TO GO PRO SE, you need an attorney to look after your insterests.

Gook luck to you.

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Answered on 12/05/03, 9:51 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal Effect of Unilaterally Breaching Terms of Separation Agreement as it p

I would suggest that you arrange for a consultation with an attorney knowledgeable in

D.C. family law for an answer to your question(s),and, also, to determine whether it's time that you had an attorney on your side to protect your interests

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Answered on 12/03/03, 6:00 pm


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