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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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Can my ex-husband successfully sue me for breach of contract

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Can my ex-husband successfully sue me for breach of contract because I divorced him without going thru the mediation process as outlined in our pre-nuptial agreement? We got divorced in Texas in June 2009.
Submitted: 7 years ago.
Category: Family Law
Expert:  dkennedy replied 7 years ago.



How did you complete the divorce if he was contesting the terms?


Did you have a divorce trial?

Customer: replied 7 years ago.

Sometime in 2005 (I think July) I filed for divorce but decided to try and work things out. I never withdrew the petition. He was served but did not contest because we were going to try and work things out. Then in June 2006 we had a nasty fight and he told me to get divorced if that is what I wanted. The next day I saw my attorney and to my surprise he said all was in order and I could get divorced that same day. We walked to the courthouse and the judge said he granted the divorce. That evening I told my husband (by that time in the day ex-husband), that we were divorced. He was very upset. He said he thought I was only going to my attorney for a consultation. I also thought getting divorced was going to take more than that but when presented the option to end it I thought "why not?" To this day he claims he was defrauded by me and my attorney and is now threatening to sue me for breach of contract. He says he was told he could by an attorney about 2 years ago. He wants to get money thru my homeowners liability insurance. (He has a lot of financial problems). He also wants to sue my attorney.

Expert:  dkennedy replied 7 years ago.



It sounds like everything was done "by the book" in your divorce. Your ex is just trying to scare you. He should have done something at the time. He cannot sue you for breach of contract, or anything else. They will not overturn the divorce. For the most part, his time is expired to sue anyone. I would just ignore him and let more time go by. He will move on to something and hopefully someone else.

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