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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18091
Experience:  B.A.; M.B.A.; J.D.
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I filed for divorce in 2005. We did a separation agreement,

Customer Question

I filed for divorce in 2005. We did a separation agreement, now she came at me as if it never had one and neither attorneys will speak to it. As if it never happened. It was not finalized in writing put I have enough documentation and proof of action. When should file for breech of contract? Can I do it now during the divorce proceedings? It would clear alot of questions as to 10 yr delay. Thnks
Submitted: 5 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 5 months ago.

I am sorry, but I am having difficulty understanding your post.

Could you clarify?

You filed for divorce in 2005 and the divorce is not finalized (you are still going through the divorce proceedings)?

If the divorce is still going on and the separation agreement was not finalized, what would be the breach of the agreement that you would be filing for? The agreement is not an agreement until it has been finalized and signed by both parties and approved by the Court.

Kindly review your post, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 4 months ago.
Apologies Sir,
I file no fault divorce in 2006, nice guy mistake #1, she had fault.
We go to equitable distribution and spouse/wife finally realizes she will not be able to afford staying in house I completely renovated and moved family into. To maintain current lifestyle I offer she stay with our two children and her 2 from previous marriage until youngest graduates
Agreements on credit card debt, child support, credits and future prosperity's were written out.
Real Estate value's were agreed to at time.
2005 last year of joint tax return.
I open new personal bank account in Jan 2005, no commingling.
I pay all house bills from new account till 2008.
Count 5 included in divorce decree.
Time of separation established July 31 2005
Correspondence with her stating our agreement. I have no signed agreement that went before Judge.
She resurrects case and goes right for e/d and attempts to gain level of ownership of real estae I purchased after 2006
I will show the Court by ongoing monthly action's with both parties to prove agreement.
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the information. I am so sorry for the delay in getting back to you. I was offline when you responded to my information request.

I still do not understand what the breach is about. If the agreement was not approved by the Court, there is no agreement. The separation agreement must be approved by the Court to have binding effect on the parties to the agreement. However, if you separated in July 31, 2005, then properties that you acquired after the date of separation should not be considered marital properties and subject to equitable division. You would need to provide documentation to the Court when the property in question was acquired. That's all you need to do to make sure that the Court does not give her part ownership of the said properties.

Customer: replied 4 months ago.
I'm sorry as well for late response.Sir I had thought there was case law in pa with proven repetitious acts the court agreed there had to be an agreement
Expert:  Phillips Esq. replied 4 months ago.

I am not aware of the case law. So, I will opt out and give another Attorney the opportunity to assist you.

Goodluck with your case,