How to Enforce a Divorce Decree
Ideally, by the time a family law court issues a divorce decree, the two sides will try for a smooth transition post-divorce. Unfortunately, this does not always happen. While the terms within a divorce decree are final and legally binding, this does not mean that both parties will comply with the orders. At some point, one party may fail to pay alimony, or another may not comply with the parenting time schedule. When this happens, you have legal options. Below, our Orlando contempt and enforcement lawyer explains further.
Common Reasons for Enforcement
If your former spouse has violated any portion of the divorce decree, you can ask the court to enforce the order. While any violation can result in an enforcement hearing, there are some that are more common than others. These include:
- Failing to sell or vacate the family home,
- Refusing to pay child or spousal support,
- Failing to adhere to the parenting plan,
- Failing to divide retirement accounts,
- Failing to relinquish property awarded to the other side,
- Refusing to surrender a pet awarded to the other party, and
- Refusing to pay assigned debt obligations.
How to File a Contempt Action
There are many steps involved in filing a contempt action to enforce a divorce order. They are as follows:
- Review the decree carefully: Before filing a contempt action, you should review the decree carefully to establish if a violation has occurred. After filing the action, you will have to prove that your former spouse intentionally violated the order.
- Contact an Orlando contempt and enforcement lawyer: You are not required to work with an attorney when filing a contempt action. However, your chance of success is much better if you have legal representation. A lawyer can advise you of the paperwork and evidence you will need, advise on procedural rules, and guide you through the process.
- Speak to your former spouse: Before taking the matter to court, you should try to speak to your former spouse about the violation. For example, they may have a new work schedule that is making them late for picking up your child for their parenting time. If your ex has a good reason for the violation, you may be able to reach a new agreement with them. Even if your former spouse does not have a good reason for the violation and does not intend to start complying, speaking to them first can make it clear that you are willing to go to court to resolve the matter.
- File your motion with the court: If your ex will not cooperate, you will have to file a motion of contempt with the court. Your former spouse will receive notice and the court will schedule a hearing.
- Attend the contempt hearing: At the contempt hearing, you will have to present your case and submit evidence to the court supporting the violation. The court will also hear your former spouse’s arguments.
Our Contempt and Enforcement Lawyer in Orlando Can Help You Through the Process
If you need to enforce a divorce decree, you need sound legal representation. At Anderson & Ferrin, P.A., our Orlando contempt and enforcement lawyer can provide it and give you the best chance of enforcing the order. Call us today at 407-412-7041 or contact us online to request a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
