What Can I Do if My Spouse Violates the Divorce Decree?

When you and your spouse divorce, you may be excited for this chapter of your life to finally be over. However, despite making every effort to move on, you may find that your spouse’s constant violations of your divorce agreement can make this incredibly difficult. If this represents your circumstances, understanding your legal options is critical. The following blog explores what you should know when your spouse repeatedly violates the divorce decree established by the court and why working with a Morris County divorce lawyer is in your best interest during these complicated times.

What Constitutes a Violation of a Divorce Agreement?

If you and your spouse file for divorce, the judge assigned to your case will issue a divorce decree. This is a formal court order outlining the details of your divorce including matters like alimony, child custody, property division, and child support. As such, any time your spouse does not adhere to one of the conditions included in your agreement it constitutes a violation.

Generally, the most common violation surrounds alimony payments. You may find that the paying spouse believes the amount ordered by the court is too high or that they feel like their spouse doesn’t deserve the money. As such, they may choose to disregard the court order.

Another common violation occurs when a parent does not adhere to the custody portion of the divorce agreement. If they continually fail to bring the child back on time or are the custodial parent and do not allow visitation despite its inclusion in the agreement, it warrants a violation.

Finally, as per your divorce decree, you may be entitled to certain assets currently in the control of your spouse. If they refuse to transfer ownership of the assets to you, this can violate the decree.

What Are My Options if My Spouse Violates the Divorce Decree?

Generally, the most important thing you should do when your spouse violates the terms and conditions of the divorce agreement is to document the violation as soon as possible. Whether this is keeping screenshots of late or missed alimony payments or a log of times your child was dropped off late, having evidence can help support your claim.

In some instances, you can reach out to your ex over text or email to inquire about the violation. It’s important to have this conversation in writing. If all else fails, you can petition the court by filing a motion to have them enforce the orders. As such, they may hold a hearing to determine if the violations have occurred, and if they have, your spouse can face consequences. This can include being held in contempt of court, having their custody schedule changed, and having their wages garnished.

When you file for divorce, it can be incredibly overwhelming. As such, it’s in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn to explore your legal options. We understand that you may want to move on from this chapter of your life, and when your spouse makes it increasingly more difficult to do so, ewe can assist. Contact us today to learn how we can fight for you during these complicated times.