Legal Question in Family Law in Florida

Breach of Marital Settlement Agreement

I made a MSA with my ex indicating split custody. She motioned the court to set aside the agreement and has actively tried to strip me of custody. Could this constitute a breach of contract?


Asked on 2/03/09, 10:38 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Breach of Marital Settlement Agreement

If a judge has issued a divorce judgment or other order ratifying your MSA, it's not only breach of contract, you can bring a motion for contempt (or even a petition for custody) against her for not allowing you your agreed-to visitation.

You wouldn't really file a breach of contract lawsuit over visitation, you'd file a motion for contempt.

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Answered on 2/04/09, 12:02 am


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