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What Happens When a Spouse Violates a Divorce Decree?
When you end your marriage, you reasonably expect your ex-spouse to honor the terms outlined in the divorce decree. However, on occasion, they may fail to comply with the agreement. Please continue reading to learn the steps you can take to protect your rights if your ex-spouse fails to comply with the terms outlined in the decree and how a dedicated Ocean County Divorce Attorney can help you navigate your legal options.
What is a Divorce Decree?
When a divorce is finalized, both spouses become subject to what’s called a divorce decree. This document outlines the terms that will apply to the termination of the marriage including custody arrangements, spousal support, a name change, financial decisions, and more. It’s important to understand that a divorce decree and its instructions are legally binding and enforceable once both parties sign the document. Therefore, if a party violates the terms set forth, you can file an enforcement action through the courts and they will determine the appropriate punishment.
What Are My Legal Options if My Spouse Violates the Divorce Agreement?
Generally, the most important thing you should do if your ex-spouse continually defies your divorce agreement is to document their violations. To facilitate a successful intervention through the court, you’ll need substantial evidence of your ex-spouse’s non-compliance. This can include written communications or financial records.
Before pursuing legal action, you may be able to reach out to your ex-spouse to see if there is a misunderstanding that can be resolved. If this effort fails, you should consult a seasoned divorce attorney who can help you petition the court to enforce the orders to hold them accountable. Once this motion is filed, the court will hold a hearing to review the circumstances to determine if the violations have occurred, and if they have, the court can take several measures.
The court may hold your ex-spouse in contempt of court, which can lead to steep fines and a more extreme remedy, jail time. In addition, the court can modify parts of the decree to better reflect current circumstances. If your ex-spouse is mandated in the divorce decree to provide spousal support but fails to comply, the court can garnish their wages to enforce that obligation. If your ex-spouse violates the custody order in place, the court can alter parenting time.
At the Law Office of Sarina Gianna, LLC, we are prepared to help you secure a favorable agreement and ensure that the terms of the decree are honored. If your spouse willfully disregards the divorce agreement, please don’t hesitate to contact our legal team as we can review your case and recommend the next steps. If necessary, we can represent your interest and ensure you receive the benefits to which you are entitled. Connect with our firm today to learn how we can fight for you.