Does the term shall constitute obligation in a separation agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does the term shall constitute obligation in a separation agreement?
My separation agreement states that my ex shall
take the dog and I shall take the cats,
however, I decided I do not want them. Can I
be held in contempt of the agreement and
possibly serve jail time over this of I refuse
to go back to get the cats?
Asked on October 4, 2018 under Family Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, "shall" is mandatory: it is the equivalent of "must" or "is required." Whether your ex will push the issue and seek sanctions against you for not taking the cats is a different issue, but you will legally be in violation of the agreement. Take the cats and put them up for adoption.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.