How To Respond When Your Partner Won't Follow A Divorce Decree

30 January 2019
 Categories: , Blog

A divorce decree is a court judgement that must be followed by both parties in a divorce. In some cases, a divorce decree involves something that your partner doesn't agree with and he or she might be resistant when following the orders of a divorce decree, but there are several things you can do about this.

You Have Work to Do

It is the responsibility of the party of the aggrieved to demonstrate that the failure to follow an order is deliberately in disobedience toward the court order and that it is willful. If the court finds the uncooperative party to be in contempt, he or she will be punished.

Starting the Process of Enforcing a Decree

The first step is to contact the courthouse within the county where you received the decree. Clarify the part of the decree that your ex spouse is violating. Depending on what your ex partner is violating, you may have different forms of recourse you may pursue. Then file a motion for enforcement. You will be given forms that you must complete. Make sure to file them under the case number on your decree.

You'll be scheduled a court hearing that you must attend. While you should push for your rights, you should also expect less than what you'd like. In most cases, the judge will issue your ex-spouse a warning. However, if this problem has occurred before, and if your ex-partner has not complied with the order within a specific time frame, this may be used to eventually push for heavier penalties. 

The Process Gets Easier

Fortunately, the more often that you go through this process, the easier it will become. When you have to return to court a second time, the judge will be more likely to order more sanctions. For example, if you are given visitation rights and your ex refuses to comply with a visitation order, you may be able to pursue sole custody. However, you'll be less likely to go through this process so often if you're receiving assistance from a family law attorney.

The Importance of Family Law Attorney Services

Make sure to contact family law attorney services when your partner refuses to comply with a divorce decree. While you have every right to take steps to make sure that your divorce decree is followed, you're better off with assistance from a family law attorney who may guide you through the process.