What Should I Do if My Spouse Violates the Divorce Decree?
Finalizing your divorce can bring a sense of relief, but sometimes an ex-spouse may not follow the terms outlined in the divorce decree. In such cases, it’s crucial to understand that you have the right to seek enforcement of the divorce decree through the courts. The court can take appropriate action to ensure the terms of the divorce are upheld, which may include issuing fines, modifying custody arrangements, or even enforcing payment of any owed amounts. Please continue reading to learn the steps you can take if your ex willfully disregards the divorce agreement and how a dedicated Nassau County Divorce Attorney can help you navigate this complex situation.
What is a Divorce Decree?
First and foremost, a divorce decree is the legal paperwork that formalizes the end of a marriage. This document contains various details, including the terms you and your spouse have established regarding property division, child support, alimony, and parenting time. Once the divorce decree is signed by a judge, it becomes a legally binding court order. Therefore, the terms must be honored.
What Happens if My Ex Doesn’t Follow the Divorce Agreement?
Unfortunately, an ex-spouse may not fully comply with the terms outlined in the decree. If your spouse fails to fulfill the obligations as outlined in the decree, you can take legal action. This may include filing a motion for contempt of court, which asks the court to order the other party to abide by the terms outlined in the divorce decree. If they fail to do so, the court can impose hefty fines and even potential jail time.
Depending on the specifics of your case, the court may apply several measures, including suspending their driver’s license, garnishing wages, freezing bank accounts, withholding tax refunds, and even putting a lien on property. If your ex-spouse fails to adhere to a custody order, the court can revoke or modify parenting time.
Nevertheless, it’s important to gather evidence of the other party’s violation to facilitate a successful intervention through the court. Examples of the types of documentation that can serve as proof of your ex-spouse’s noncompliance may include written communications or financial records. To maximize your chances of a favorable outcome, you should be prepared to back up your claims of noncompliance with ample documentation and proof of contempt.
At the Pollack Law Firm, P.C., we understand how complex these matters can be to navigate. As such, if your ex-spouse defies the divorce decree, it’s in your best interest to contact a dedicated divorce attorney who can help protect your rights and interests. Connect with our firm today to learn how we can fight for you.
