When you’re going through a divorce in New Jersey, there are a number of issues you may face, especially if your spouse refuses to cooperate. Unfortunately, a spouse may be hurt or angered by the divorce, which can result in their non-compliance. As such, you may feel like an immense weight has been lifted from your shoulders when the divorce is finalized. However, in the event your spouse violates the divorce order, you may be at a loss for how to proceed. If this represents your circumstances, the following blog explores what you should know about these matters and the importance of working with a Somerset County divorce attorney to discuss your legal options.
What Constitutes a Violation of a Divorce Order in New Jersey?
Generally, any time a spouse fails to comply with or abide by the orders issued by the court as part of a divorce proceeding, it constitutes a violation. Common violations include failing to pay child support or alimony, non-compliance with the current custody order, refusing to transfer assets, or even intentionally withholding important financial information.
Unfortunately, there are a number of reasons a spouse may refuse to comply with a court order. Most often, this is due to the fact that they disagree with the outcome determined by the court and feel as though their actions represent a fairer decision.
If your ex is in violation of the order, the court can issue a number of penalties against them, including a contempt of court charge. This occurs when someone violates the orders set by a court of law, and can result in fines, wage garnishment, and even potential jail time for serious and repeated violations.
What Steps Should I Take if My Ex Is in Violation of the Agreement?
When your ex repeatedly violates your divorce order, it’s normal to be angry, frustrated, and stressed by their decisions. However, under no circumstances should you retaliate against them. Doing so can only reflect negatively on you. Instead, you should document every violation as it occurs while continuing to follow the court order. You should also avoid phone calls or in-person conversations when possible, as written communication can help serve as evidence.
Generally, when the custody order is violated, your ex stops making alimony or child support payments, or you are in fear for your safety, you should contact an experienced attorney to assist you through the process of seeking enforcement. Your lawyer can assist you in filing a motion with the court to request intervention and enforcement on your behalf.
As you can see, handling a spouse who repeatedly violates a court order can be incredibly frustrating and overwhelming, which is why working with an experienced attorney with the Siragusa Law Firm is critical. Our dedicated legal team will do everything possible to help you fight for the best possible outcome. Contact us today to learn how we can fight for you.