Follow Your Divorce Decree to the Letter
Your divorce decree exists for a reason. It provides tangible evidence of the terms your spouse agreed to in the divorce.
You may be tempted to give your spouse wiggle room when it comes to alimony payments, child support, or asset distribution. However, straying from the divorce decree may only hurt your financial outcomes and encourage more shady behavior from your spouse moving forward.
Is a Divorce Decree Legally Binding?
Your divorce decree is the legal document that marks the end of your marriage. It also spells out important details about child custody, spousal support, asset division, and visitation guidelines.
Divorce decrees aren’t mere suggestions for how to behave after a divorce; they are legally binding. Your ex-spouse is required to follow these rules to a T. If you start giving them leeway now, they will only continue taking advantage of you. Worse, the court will assume that you were okay with their behavior, harming your ability to file a motion for contempt of court in the future.
Once your divorce is finalized, go to the family court clerk’s office and request a certified copy of your divorce decree. Keep it on hand and ensure your spouse’s adherence to every term.
Enforce the Elements of Your Divorce Decree Precisely
Ensure that your ex-spouse follows all of these aspects of your final judgment closely:
- Sends alimony and/or child support payments on time according to the timeline in the decree
- Adheres to all custody times precisely
- Divides assets in accordance with the decree
- Sells the house promptly
What If Your Spouse Refuses To Follow This Court Order?
Your ex-spouse cannot simply refuse to follow the terms of your divorce decree. If they disagree with any of these terms, they will need to request a modification with the court. This is a legal process.
If you do not agree with their modification request, they will need to present their reasoning in court and allow a judge to decide whether to grant it. Unless your ex-spouse’s requests are reasonable, the judge probably won’t grant their wishes.
Should your ex-spouse violate the divorce decree and not seek a modification, you can file a motion for contempt of court or request an enforcement action. This prompts the court to assess their actions and intervene. If your ex-spouse is found in contempt of court, the court can:
- Impose fines
- Issue a warning
- Create a new order that makes up for their non-compliance
- Order your ex-spouse to comply by paying the support they owe, plus attorney’s fees
- Impose jail time
Your first step should be to have your attorney contact your ex-spouse’s attorney and warn them about your intention to file for contempt of court.
Contact Karen Ann Ulmer, P.C., for Divorce Assistance
Do you need help enforcing your divorce decree? Karen Ann Ulmer, P.C., offers compassionate legal support throughout the divorce process. We can help you file a motion for contempt of court or request an enforcement action to prompt your ex-spouse to adhere to your divorce decree.
Contact us today at (866) 349-4117 for a confidential consultation.
