Separation Agreement - Breach of Contract or Contempt of Court

We filed a separation agreement and there was a clause the agreement that the person that prepared our documents left in. I understand that I am either stuck with the way it was filed and if my ex doesn't comply, I will have to sue for breach of contract (I am wondering about the cost of that, too) or I will have to refile everything to take that clause out so that if there is non-compliance it would be contempt of court. Wondering which would be better???

[Grhowe]

Was the separation agreement make part of the judgment for dissolution?

Nothing else has been filed yet, only the separation agreement. We have not filed any divorce paperwork yet. I was preparing to do that when I found out what happened with this person leaving that clause in the separation agreement.

Is there something keeping you from amending it? If it hasn't been filed (recorded) yet, nothing is legally binding yet. Simply remove the clause before signing anything. Everything in the agreement must meet with your approval before you sign.

It's unclear why or how an outside party's clause is in your agreement, but you don't have to leave it in there. You are free to strike it before signing and filing.

Separation Agreement has been filed and recorded. The "outside party" is the person that drew up the papers for us, but didn't do it the way we requested them to be done. I don't know enough about this to have known to look out for that clause.

My question is would it be better to just start over and re-file a new separation agreement or keep that and continue with the divorce papers? I know it would make a difference in non-compliance later (breach of contract or contempt of court), so what would be the better thing to do?

And what about the cost of all of it? Would it just be cheaper to start over? I am concerned about this same person finishing our papers, but financially I don't know how much choice I have. As a single parent the financial side is of great concern to me.

You are still being a bit obscure. Who is the person who drew the documents up? A paralegal? An attorney? A cousin, the guy down the street? And what is their capacity? Meaning, do they have any knowledge of the law whatsoever?

I glean from your posts that you intend to be devious with your soon to be ex and drag him into court for contempt, as it appears you are well aware there will be contempt, either by circumstances or lack of understanding. That would be considered premeditated. Filing false documents is against the law. You had to have signed the documents for them to have been filed, and if you signed them knowing the information you speak of should not have been in there, you can be prosecuted.

I also glean that you are well aware of what the right thing to do is, which is why it's unclear why you are here asking such a question.

The cost is minimal. People divorcing can do their own divorces, and file their own documents. The clerk has all of the necessary documents, and the fee is nominal.

The person we had do the paperwork is a paralegal. My spouse and I both read and signed all the papers, believing that these would hold up even after the divorce is final. That's what we asked this person to do. Unfortunately, that's not what she did.

I found out this clause was in there this week (we filed the papers 4 months ago). I didn't know, even after reading the papers, exactly what it meant, not until now.

I am not looking to do anything to anybody or to be devious in any way. My question is just innocent. My spouse read and agreed to things the same as I did, so I don't know why it would seem that I am doing that. I just hate to be going back to "square one" with the paperwork, but I want them to be right. The paralegal told us that we could do either. I really don't know that I trust her at this point.

I don't know of any "right" way to do it... at least not morally and according to her, not legally either. I feel like the idea of doing the divorce and filing everything on our own is what has gotten me in this situation. I don't know enough about it to know there should be certain things included or excluded.

Her response to this is that we should see about filing an ammended separation agreement. After calling the register of deeds they don't even allow that in my state and we will have to file a affidavit of correction. I think I'm just going to call a lawyer, doesn't seem like she knows too well what she is doing.

Paralegals don't work in a capacity outside an attorney, as they cannot give legal advice.

Good idea. Consult with an attorney. It may not cost you anything just to get a little advice.

Good luck.