Enforcement of Court Orders
Experienced Team of Divorce Attorneys
Do you need assistance with the enforcement of a court order regarding your divorce? Is your spouse acting unreasonable with respect to a court order in your divorce proceeding? Is a court order being unfairly imposed upon you? If so, you need the assistance of an experienced divorce attorney right away.
Courts sometimes have no choice but to get involved in the divorce proceedings of spouses where one or both are uncooperative or are otherwise defying court orders. When this happens, it is important to have an attorney at your side.
At JBell & Associates PC, our team of divorce attorneys are experienced in helping our clients finalize their divorce and respond to court orders.
Call us today or contact our office for a free and confidential consultation to protect your rights and safeguard your future.
Reasons Why an Individual Receives A Court Order in a Divorce Proceeding
A court order requires an individual to follow the judge’s instructions with respect to a particular issue in their divorce proceeding. The main reason an individual would receive such an order from the court is because they are not following the terms of their divorce decree.
The divorce decree stipulates the terms of the divorce—including property and asset division, alimony and spousal support, and custody and visitation rights.
When one spouse is refusing to comply with one or more terms outlined in their divorce decree, the other spouse will obtain a court order to enforce the terms of the divorce that the other spouse refuses to follow.
For instance, if your spouse is refusing to abide by the terms of the custody agreement or has paid less than required for child support, you may need the assistance of the court.
Process for Enforcing A Court Order
When one spouse is refusing to comply with a court order, the primary means for enforcing the order is to file a motion for contempt or a motion to enforce. This motion generally means that the spouse is refusing to follow the order of court with respect to the terms of the divorce decree.
A hearing is then scheduled after the contempt motion is filed. The spouse violating the terms of the divorce decree is served with these documents.
After the hearing, the judge will make a decision as to whether the spouse is guilty of contempt. If the judge determines that the spouse disobeyed the divorce decree even though he or she was capable of meeting the terms, the spouse will usually receive a warning—initially—and will sometimes be required to pay the other spouses’ court costs and attorney fees.
In cases where there are repeat violations or in other discretionary circumstances, the judge can create a new divorce decree for the particular issue and can order the violating spouse to serve time in jail.
These situations can have drastic consequences on your divorce arrangement as well your future. Both sides should ensure that they are represented by an experienced divorce law attorney who can guide their clients through the complexities of court enforcement orders for their divorce.
Guidance for Individuals Going Through A Divorce
Whether you received a court order requiring you to do something before or after your divorce is officially finalized, there are several notes to be aware of.
Below is some guidance for individuals undergoing a divorce:
- Hire an attorney. Remember to always protect your interests. This begins by hiring an attorney who is competent to represent your interests in a divorce proceeding and with respect to court orders. Remember that your spouse may have already hired an attorney to help them. Do not trust that your spouse’s attorney will have your best interests in mind and never go through a divorce pro se. Divorce laws are complicated, and a divorce attorney can guide you through this stressful process.
- Do not hide or conceal assets. Divorce proceedings will require both spouses to make a detailed list of their assets so that they can be divided according to prior agreement, new agreement, or court order. It is illegal and considered fraud to hide assets from property division. Courts often punish individuals found to have concealed assets by imposing penalties, reducing your share, or awarding the entire asset to your spouse.
- Be willing to negotiate and communicate with your spouse and the court. Divorce proceedings are very stressful. During such stressful times, we understand that it is easy to lose one’s tempter, act guarded, or be otherwise suspicious of your spouse’s actions. We encourage you to act calm and try to resist the urge to be angry or upset with the divorce proceeding. Courts do not take kindly to sudden outbursts or lack of manners and civility. This could have a negative outcome on the resolution of your divorce division agreement.
- Try to reach a solution for your divorce. Coming to an agreement as to which spouse will keep which property can be even harder than the decision to get a divorce in the first place. Always have an attitude that promotes negotiation and strives for a solution. Hiring a divorce attorney can help you make some of these decisions, such as deciding when it is better to settle your issues and formalize your agreement into a binding contract versus when it is better to contest an issue and litigate your divorce before the court.
- If there are children involved, always consider your children first. Divorce proceedings involving children are very sensitive topics. Lawyers, judges, and all parties involved understand this to the utmost degree. It is important to think about your child’s needs during a custody dispute. Children should be shielded from the judicial proceedings of a divorce. It is critical that you maintain a demeanor that reflects a cooperative attitude. This is important to the judge’s consideration of custody since it reflects upon your character to act under pressure and, therefore, your suitability for custody.
Need Legal Assistance with the Enforcement of Court Orders in Your Divorce?
Court orders are sometimes issued by the court to enforce provisions of a divorce decree that your spouse and the court believe are not being properly followed.
This can have devastating implications on your divorce arrangement. It is critical that you retain a divorce attorney to handle these issues in your favor effectively and efficiently.
At JBell & Associates PC, our divorce law attorneys can advise you on how to proceed after receiving a court order or how to prepare if you feel that you need to file a court order to enforce a provision in your divorce decree.
We have extensive experience in helping our clients obtain a divorce resolution that is fair for them as well as experience in guiding our clients through a court order. We can do the same for you.
Do not wait. Call or contact us today for a free consultation to protect your future.