Going through a divorce can be an incredibly difficult matter. However, you may take every precaution to make this process as stress-free as possible. Unfortunately, you may find that your spouse does not take the same steps, especially when they violate the terms and conditions of your divorce agreement. In many instances, when one party violates the divorce decree, many are unfamiliar with their legal rights. If this reflects your circumstances, connecting with a Somerset County divorce attorney is in your best interest, as you’ll find they can provide insight into the best way to navigate these complicated times.
What Are Common Violations of a Divorce Agreement?
While any direct action that goes against the terms and conditions of a divorce decree is considered a violation, some are more common than others.
Generally, one of the most common violations is failure to pay alimony. When a couple divorces and one party is awarded alimony, the other may disagree with the court’s decision or feel like their spouse doesn’t deserve the money. As such, the recipient spouse may file a motion to hold their ex in contempt of court for refusing to pay alimony.
Another aspect of a divorce decree many tend to violate regards child custody. Whether your other spouse continually fails to return the child on time or is the custodial parent and does not grant you the court-ordered visitation time, this violates the terms and conditions of your divorce decree.
Finally, if your ex-spouse does not adhere to the court order requiring them to relinquish property to you, it can be a direct violation of your divorce decree.
Do I Have Legal Options if My Ex-Spouse Violates the Divorce Decree?
If your ex continually defies the divorce decree, understanding your legal options is imperative. Generally, the first thing you’ll need to do is file a motion with the court to enforce the orders. Once this is filed, the court will hold a hearing to review the circumstances before issuing a decision. In some instances, the court may hold your spouse in contempt of court, which can include paying a hefty fine and even potentially spending time behind bars.
In addition, your spouse will be ordered to pay you the money they owe you. If they do not, the court may garnish their wages to ensure you get the funds you are entitled to, including the money they have failed to pay. In instances where your ex-spouse is violating the custody orders, the courts can alter the custody arrangement.
Unfortunately, these matters can be incredibly complicated to navigate. As such, it’s in your best interest to connect with an experienced family law attorney who can help you through these difficult times. At the Siragusa Law Firm, we understand the complexities these matters can cause. That’s why our firm is committed to fighting for you. Connect with us today to learn how we can assist you during these difficult times.
