Legal Question in Family Law in California

My husband and I have been married since 1989 and after 11 years we separated because he was cheating. I wrote him up a settlement agreement had it notorized and left. Part of the agreement stated that if he tried to find me and called and bothered my family to do so that the agreement would be null and void. Well a divorce was never filed and he asked me to come back and go to counseling. Well we are still married to this day, but with all the problems with his 40 year old drug addict son I just can't take anymore. But here is the problem he thinks he can still use the agreement and that I am entitled to nothing because he was disabled in a car accident 15 years ago. At which time I had to go back to work and take care of him. He is always saying he is going burry me in a deep hole in the back yard and know one will ever know.


Asked on 4/22/16, 9:41 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

The agreement is most likely entirely unenforceable by either of you. There are two legal principles that apply, waiver, and abandonment of contract. It sounds pretty clear that both of you abandoned that agreement and reconciled your marriage. Even if you did not meet the standard for an intentionally abandoned contract, by not applying and enforcing its provisions, a court would almost certainly find you mutually waived any right to enforce the terms.

Agreement aside, as for what you are entitled to, that is what a family law case is all about. There is no way to say what you might or might not be entitled to without a full consultation regarding all the details that go into a divorce case and/or settlement.

Lastly, if he is threatening you with violence and the threat is at all credible, you need to file for divorce immediately and in the same filing ask for a domestic violence restraining order to have him removed from the family residence and kept away from you. DV is not just physical attacks. Any credible threat of violence or bodily harm is enough to qualify for a restraining order in a domestic case.

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Answered on 4/22/16, 9:51 am


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