It’s tough to deal with an ex you can’t rely on, particularly when you have kids or need to share responsibility when it comes to marital debt. Making verbal agreements doesn’t always work out; if your ex doesn’t hold up his or her end of the bargain, you may not have anything to fall back on. Your divorce lawyer can give you advice on specific situations and fight for your rights in the North Carolina court system, and there are a handful of steps you can take on your own to ensure your ex meets his or her obligations.
Putting Things on Paper
Your divorce lawyer can ensure that you have all your bases covered when it comes to determining where the kids live and outlining visitation in a written custody agreement. If money will change hands, either through alimony or child support, your lawyer will make sure you have the court’s backing by filing the appropriate paperwork. In most cases, the courts also recognize who’s responsible for providing health insurance within divorced families.
When your lawyer has created a paper trail, you have legal recourse if your ex doesn’t follow through. However, problems can surface when you make verbal agreements; often, there’s no proof that you made them, and you might not be able to hold your ex liable.
If you don’t have an attorney yourself, you will still want to get things in writing. Texts, an email trail, or any other way of documenting with time stamps can prove your spouse agreed to things that they are no longer honoring to try to get some sort of recourse when it comes to mediation. Ultimately though, to make sure what you’ve both stated is enforceable, you will need to have a signed and notarized agreement. Anything prior to that is subject to change.
Verbal Agreements: When Are They Okay?
Sometimes it’s okay to make verbal agreements. If you trust your ex, there’s nothing wrong with exchanging a little bit of money or switching up visitation times. You should always check with your lawyer before making any major verbal agreements—especially when they’re contrary to court orders.
What Can Be Done?
If your spouse is going back on their word, wait before signing anything. Especially if what your spouse is offering is less than what your rights under the law would, you have some level of leverage in negotiations. Mediation can help you reach a resolution and get everything in writing but it can time to get there. It’s important not to fold on the things that are important to you, within reason of course.
If you’re frequently making verbal agreements with your spouse but he or she repeatedly fails to follow through, you may need an attorney. Your lawyer can protect your rights under North Carolina law and ensure that you have safeguards in place to keep your ex from breaking your agreements.
