Divorce decrees are court orders, and both parties to the divorce must comply with the terms of the judgment. While it`s possible to seek law enforcement without hiring a lawyer, a family law attorney in your state can help make an unknown process a little easier. Not in all cases. Charges of contempt of court should only be laid if your orders are effectively enforceable by contempt and your ex intentionally disobeyed the orders even though he or she had the resources to comply with them. Here are some examples of cases where a spouse may be held to be in contempt of court: Review the divorce decree to understand your obligations and those of your ex-spouse, and note the requirements that your ex-spouse did not meet. You must also ensure that you meet your own obligations under the divorce decree. In some cases, you can enforce your divorce judgment without going to court by simply reminding your ex-spouse of the divorce decree and letting them know that you intend to assert your rights if they do not resolve the situation. Your ex-spouse probably doesn`t want to go to court to defend their non-compliance with the terms of the divorce decree, nor do you want to sue them. Sometimes a simple conversation or a written reminder is effective.
Sometimes the parties may not comply with a divorce decree because they are not aware of the specific details established by the judge. Either party may apply for a clarification order before making a contempt request or as part of a contempt application. In this way, the court can specify which property belongs to whom and how it is to be divided. Sounds simple, right? In reality, enforcing orders in a divorce decree or custody arrangement can be very complicated, especially if the orders have not been properly drafted. This happens far too often when people write their own orders or hire an inexperienced lawyer to vaguely draft instructions, making the orders unenforceable. It`s important that you try to communicate with your ex-spouse and find out if there was a reason why he or she didn`t meet your divorce terms. There are many reasons why a spouse may not be able to pay child support on time. Sometimes learning what mitigating factors might be present can lead to a solution without court intervention. Before going to contempt court, talk to your divorce lawyer to get their opinion on whether the ex-spouse`s behavior is serious enough to support the charge.
For example, if they are five minutes late to pick up the children, the judge will probably not grant a contempt of court application. However, if they don`t give you custody time or refuse to transfer the property prescribed in the prenuptial agreement, it might be enough for the court to find someone in contempt. One of the other remedies available to disregard judicial divorce is the “suspension of obligation”, in which the court agrees not to put the party in prison as long as he meets certain probation conditions. If the party violates these conditions, the judge may revoke the suspended obligation and send him to prison. In 2020, it was estimated that 39% of marriages ended in divorce. If you are someone who has gone through the divorce, you may have difficulty with a spouse who does not respect your matrimonial settlement agreement. For example, they cannot pay child support or they cannot pay their share of the marital debt. You may not be following the terms of custody or you may try to deny yourself parenting time with your children. A bigger challenge comes when the divorce is over and your ex-spouse doesn`t respect the agreement. This is a difficult situation that needs to be resolved as your rights are at stake, and you should consult your divorce lawyer immediately to find out how to proceed.
One thing your lawyer will probably tell you is that you need to act very consciously. This means that you need a multi-part strategy to deal with the problem. At Sisemore Law Firm, our goal is to reach the most favorable agreement for our clients and ensure that they receive everything granted to them in the divorce decree. We also strive to divide all possible assets during the divorce and issue all necessary ancillary documents so that our clients do not remain “married above the assets” after the divorce. You can apply for enforcement of the judgment by filing an enforcement order and asking the judge to enforce the division of property in your divorce decree. An enforceable title does not alter or alter the initial division of property. The application specifies only how the property should be divided. You must file an application for enforcement in the same court where your divorce was originally filed.
The other party must receive a notice by quotation and submit a written response to avoid a default judgment. A divorce decree is legally binding and neither spouse can violate its terms. .