After a divorce, many people just want to move on with their lives. However, that can be difficult when one party refuses to fulfill its obligations. When a couple agrees to terms through alternative dispute resolution or litigates marital issues, a court will issue a divorce decree with orders on all matters. When one party deviates from the decree, the other may need to request the court’s intervention to set things right. If you need to request the court’s help in enforcing a court order, you need quality legal support. If you are not able to follow a court order, it is critical that you file for a modification. The Law Office of Sarina Gianna, LLC recognizes the significance of this legal matter. Whether you are a person requesting the help of the court or a person who has been accused of ignoring a court order, it is important to have knowledgeable legal counsel to help resolve this matter expeditiously. The Law Office of Sarina Gianna, LLC provides effective legal support to clients across New Jersey. Contact our firm for a consultation to discuss your legal matter today.
Why request an enforcement order?
A person can typically seek to enforce an order when the other party in a divorce is not abiding by the terms of the divorce decree. Some examples of such a situation include:
- A noncustodial parent failing to meet his or her child support obligations
- A custodial parent denying scheduled visitation to a noncustodial parent
- A former spouse withholding spousal maintenance payments
- A former spouse violating other equitable distribution terms, such as refusing to sell the marital home when the agreement requires a sale
When a party faces these hardships and needs the court’s help, our firm can assist them in filing a Motion to Enforce Litigants’ Rights. The court should hear the request and could take various legal actions against the party to make things right. In some serious cases, the court can even find the party in contempt, exposing them to even further legal issues.
Before you act against the court, file a modification
Always follow the terms of your divorce decree. It is essential. If you find yourself unable to do so and have evidence to support your claim that following a court order is nearly impossible, you may be eligible for a modification, depending on the legal matter. If you can establish an ongoing and significant change in circumstance, the court may agree to change the terms of the divorce. If you are accused of ignoring the terms of a divorce decree, contact our firm to represent you.
Contact The Law Office of Sarina Gianna, LLC
Sometimes conflict is inevitable. Working with an experienced family law attorney throughout the divorce process can help you and your spouse establish agreements and court orders that are fair, reasonable, and sustainable. This can prevent disputes later on by providing an outcome that is acceptable and realistic for everyone. When issues arise after the divorce decree and post-judgment actions are a necessity, our firm is ready to step in and help. Contact the Law Office of Sarina Gianna, LLC for a consultation to discuss your legal matter.