The process of getting divorced can be long and emotionally grueling. When the separation is finalized the last thing you want to do is go back to court or rehash topics that have already been discussed. However, if your spouse violates your divorce agreement, that is exactly what you may have to do. The terms of your divorce are legally binding so when one or both spouses disregard the agreed-upon conditions, legal action can be taken. Read on and consult with an experienced Oakland County post-judgment modification lawyer for skilled legal advice and representation.
What is a Divorce Agreement?
A divorce agreement is a written document made legally binding during the process of a divorce. It outlines how all relevant issues will be addressed once the divorce is finalized. This includes how property and debts are to be divided, custody of shared children, which spouse will pay child support and the amount, which spouse will pay alimony and the amount, etc.
How Can Someone Violate the Agreement?
After your divorce is finalized, the details listed in your agreement and decree are your right. If the agreement states that you will maintain ownership over a family home, it is your right to do so and your spouse could infringe on those rights by refusing to sign the house over or vacate the property. In another scenario, if the agreement states that you must switch off custody of your child every Friday evening and your spouse refuses to drop them off or pick them up, they are violating the agreement and your rights.
Any behavior on your spouse’s part that is in opposition to your court-ordered divorce agreement is a violation.
What Happens if My Spouse Violates the Divorce Agreement?
If your spouse violates your divorce agreement you have several options to ensure enforcement of the contract. You may want to avoid the time and cost of going to court, so it could be beneficial to approach your former spouse on your own. Remind them of the divorce agreement and their responsibilities before attempting to resolve the issue between the two of you. There could have been a misunderstanding or you may be able to hash it out without interference.
If this tactic does not work, however, you can petition the court for enforcement. With the help of your attorney, you can file a motion with the court. Present evidence of your ex’s violations including dates and times, written communications, phone records, and other relevant details.
Depending on the type of violation committed, the court could force your spouse to abide by the following actions.
- Garnishing wages
- Intercepting tax refunds
- Suspending driver’s or other licenses
- Placing a lien on property
In addition, your former spouse could be held in contempt of court, meaning that they violated a court order. This could result in substantial fines and even jail time in serious cases.
It is important that you understand how to protect your rights after getting divorced. Reach out to an experienced attorney today to learn more about your legal options.