When your divorce is finalized, the court will issue a decree or judgment which both spouses must comply with. Unfortunately, it is common for one spouse to fail to comply with the terms of the divorce decree. Below are a few common ways your ex may be violating your divorce decree and steps you can take to enforce the court order.
Many divorce decrees order one spouse to pay certain debts. It is important to understand that if the creditor has not released you from liability for the debt and your ex stops paying, the creditor will come looking to you for payment. Thus, to get your ex to comply with her obligation, you may want to file a motion to hold her in contempt. The judge often gives the offending spouse a chance to cure the failure to comply with the divorce decree, but if your ex still inexcusably fails to comply within a reasonable amount of time, she may be ordered to serve jail time.
Did the court order grant you possession of an asset your ex refuses to turn over to you? In some circumstances, the court may allow you to seize certain assets from your ex. You must file a motion requesting a writ of attachment. If granted, you may be able to enforce the judgment by seizing certain types of your ex-spouse’s property. It should be noted that the court will likely require you to prove you attempted to persuade your ex to comply with the divorce decree in other ways prior to seeking the writ of attachment.
SELLING THE FAMILY HOME
If the divorce decree orders the couple to sell the family home and your ex refuses to cooperate, you can file for contempt. The court will typically appoint an agent or receiver with instructions for him or her to list and sell the home. The proceeds from the sale of the home will be distributed according to the court’s judgment.
The above are just a few examples of ways your ex may be violating your divorce decree. If you need assistance enforcing your divorce judgment, we can help. Contact the knowledgeable attorneys at the Men’s Divorce Law Firm. Our office is located in Orlando, Florida, but we proudly serve husbands and fathers across the State.