Filling for divorce is rarely an easy decision, as you’ll not only need to take your feelings and the state of the relationship into consideration but also the legal complexities that arise. However, when this process is over and your agreement is finalized by the court, you may be excited to put this chapter of your life behind you. Unfortunately, your ex-spouse may have other plans. If your ex-spouse continually violates your divorce decree, it’s imperative to familiarize yourself with your legal options. The following blog explores what you must know if this represents your circumstances and explains why connecting with a Monroe, Louisiana divorce lawyer is critical.
What Are Common Violations of a Divorce Agreement?
Generally, any instance in which either party fails to adhere to the terms and conditions of a divorce agreement constitutes a violation. However, some are much more common than others.
One of the most common violations occurs when the spouse ordered to pay alimony to the other fails to do so. For example, you’ll find that the paying spouse continually fails to make payments to the recipient, often out of spite because they feel as though the other party does not deserve the money.
Another common area where contention can arise is when one parent continually violates the custody order. Whether they routinely drop off the child after their time has elapsed or, if they are the custodial parent, refuse to allow you to visit the child despite the court order, this violation can cause significant issues for all parties involved, including the child.
Finally, you’ll find that often, the courts find that, despite the decree, many couples fail to ensure that property is accurately distributed in conjunction with the divorce agreement. As such, one spouse may withhold or misuse property intended for the other.
What Are My Options in Louisiana When My Spouse Violates the Divorce Decree?
If your spouse violates the terms and conditions of your divorce decree, it can be incredibly frustrating. Generally, the first step is to contact your spouse and ask them to adhere to the terms of the agreement. Be sure to do so in writing so this can be documented.
If your spouse continues to disobey the orders, you can file a motion with the court to enforce the orders. The court will hold a hearing to discuss the matters with you and your spouse, before issuing a decision. If your spouse still continues to violate the court orders, such as failing to pay alimony, the court can garnish their wages to help you get the funds you deserve.
In some instances, when a spouse continually fails to follow a divorce decree, they can be held in contempt of court. This often carries a hefty fine of up to $1,000, potential time spent in jail, and restitution.
Going through a divorce is challenging enough. However, when your spouse repeatedly fails to adhere to the terms and conditions ordered by the court, it can be incredibly frustrating. Instead of enacting revenge, taking the legal high-road is critical. That’s why the team at Breithaupt, DuBos, & Wollseson, LLC, is here to help. We understand how difficult these issues can be, which is why we are ready to fight for you. Contact us today for more information.
