Legal Question in Family Law in Maryland
divorce settlement
a divorce settlement was filed on 6/30/04 awarding me $7,000.00 (payable in 90 days in a lump sum) and other personal belongings from the marital property. 9/30/04 was the deadline for the monetary settlement, but I haven't received anything. No date was set for the personal affects. How do I enforce the settlement without incurring additional legal fees?
4 Answers from Attorneys
Re: divorce settlement
You can file for contempt of court (you should have a lawyer represent you to do this) and ask for attorney's fees. The fees should not be enormous this kind of action, and the court is likely to award you the fees, which your former spouse is likely to pay because he or she can spend time in jail if the order is not complied with.
Re: divorce settlement
You are legally entitled to represent yourself in court, i.e. act "pro se".
Whether you will be able to do so effectively is another question, of course. It is easy for a non-lawyer to make mistakes and therefore lose a very winnable case.
It is possible that if your ex-spouse has acted in bad faith, you could obtain attorney's fees. This is probably your best bet--hire an attorney and ask the court for reimbursement for the attorney's fees.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
Re: divorce settlement
You need to file for judgment and enforcement.
Re: divorce settlement
If the settlement agreement was properly drafted to protect your interests, it should contain a clause saying that a party who breaches the agreement is subject to paying the other party's legal fees incurred in having to enforce the agreement. But unless you want to try to handle it yourself in a court proceeding, which would be unwise, you'll have to be able to pay an attorney with the prospect of getting reimbursed if you're successful in getting a court order. If your (ex)spouse works or has a bank account you have a source of collection. You could start out by informing your spouse that you plan to take action if he/she doesn't comply.