My Ex Won’t Abide by the Terms of Our Divorce Decree. Now What?

When your divorce is finalized, the court requires that each of you take certain steps to financially dissolve your marriage and implement your parenting plan. Both you and your ex are legally required to uphold your respective sides of the agreement. In some cases, though, an ex-spouse violates the terms of the agreement. If this happens to you, the law is on your side and can compel your ex to fulfill their court-mandated responsibilities.

The most common sources of noncompliance with divorce decrees that we see are often related to:

• Parenting, parenting responsibilities, and visitation rights
• Failure to pay alimony or child support
• Failure to sell or turn over real estate or other assets

Depending on what you ex is noncompliant with, the frequency of noncompliance, and reason for noncompliance, your attorney can advise you if you have enough evidence to file a motion for enforcement with the court and/or file a contempt action with the court. For example, if your ex is periodically late to pick up your child for their parenting time, that would be frustrating, but would be difficult to enforce in court. In contrast, if they refuse to sign the documents to sell the marital home and turn over your share of the proceeds after the agreed upon time, that could warrant court involvement.

You will have the burden of proof to show that your ex is in contempt of the divorce decree. To do this, you will need to prove three points:

1. Your ex knew about the court order.
2. Your ex is capable of fulfilling the court order.
3. Your ex has no reason or just cause for lack of compliance with the order.

You will need to show evidence beyond your own word that your ex is in contempt. Your attorney will advise you on the specific types of evidence you will need based on your situation. If your ex is found to be in contempt, the consequences could vary based on the judge and the case. It could range from a warning, to paying your attorneys fees and expenses, to a new parenting plan, or financial penalties. In severe cases, the judgement could include jail time, although this is rare.

If you have tried reasoning with your ex and given them multiple opportunities to come into compliance with your divorce decree, but they are still refusing to budge, your best option to force your ex to comply is to contact a divorce attorney to take legal action against them. Troy Legal has a successful track record with working through the courts to compel a recalcitrant ex to fulfill their divorce decree obligations. Call us today for a free consultation to learn how we can help you.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.