Legal Question in Family Law in Kentucky
I was sued by my girlfriend after our affair was discovered ( in March 2011) by my wife and her husband also found out.She tried to get a restraining order on false charges without my knowledge, which was denied by the court. The hearing was postponed by the judge after both lawyers said that we would work out an agreement. We went through several revisions of the agreement. I had to insist that her husband's name be included because he has twice physically assaulted me. She and her husband signed the agreement which says that the parties will not enter each others residence uninvited or business place unless for voluntary activity, not disclose to anyone email or written communications, and not use any form of physical or verbal abuse, and to move apart as circumstances allow when meeting in parties etc. Even though they signed the agreement with their lawyer, it was not dated. I and my lawyer have executed it on our side and sent it back to them. I has been over 2 months and they have not returned it yet. As per the agreement, the dismissal of the case would be worked upon by both lawyers. I don't understand the delay. What is our recourse if they don't execute their end of the agreement. I want to get this case dismissed to move on as my legal fees have really gone up. My lawyer is trying to get the other lawyer to get this moving but there is no response from their side. Could the other party have second thoughts about this agreement? The agreement also says that my girlfriend and I will not pursue any more legal issues unless the agreement is broken. It does not say that I cannot sue her husband. So far, the only violent behavior has been from her husband. He continued to use foul language at me even after he had signed the agreement but has backed off after my lawyer pointed out that if this had been done after the agreement was fully executed, then he would have broken the agreement and the penalty would be the legal fees to the other party. I want to keep the option open of suing her husband for the physical abuse, which resulted in me experiencing dizziness for many months ( I am better now), in order to deter him from such behavior.
I appreciate your advice.
1 Answer from Attorneys
You should consult your attorney for advice on what is your best course of action. Your attorney knows all of the facts and circumstances in your situation and that's for whose advice you should ask. My advice would be worthless in comparison.