The process of divorce is a long, tedious and heavily involved matter that can stretch out for months. For many, nothing brings relief like the final and official document in the shape of a divorce decree. However, the end of a marriage is also the start of a post-divorce relationship. Even when you think you’re done, the ex-spouses still have to ensure the divorce decree is followed and respected.
Fortunately for many, following this contract and obliging to the responsibilities laid out is not a problem. But often enough after the finalization of a divorce, some individuals do not act in accordance with the decree. Some of the most general violations of a divorce include failure to pay alimony and child support and not adhering to property division and financial promises. As tempting as it may be to try and force your ex to live up to the divorce decree, this actually never works in the real word. If things get out of hand, the best thing to do is hire a lawyer with specialized expertise. Here’s how a divorce attorney can help enforce divorce orders the right way.
How A Divorce Attorney Can Help Enforce Divorce Orders
From having to track down your ex to spending endless hours in court proceedings, it almost feels like divorce was just the beginning of more conflict. You’d think that a final divorce decree would make things easier, but for many, this is not the case. The truth is, there will always be those who ignore everything the judge says until they are forced to do otherwise. If you are tired of having to chase your ex around just to get them to follow their responsibilities, an experienced divorce attorney can help you solve this problem once and for all.
Divorce Attorneys Help You Prepare
Before you burst open the court doors angry and throwing accusations, it is very important to know precisely what it is you want and where you have been wronged. Before the judge can even listen to you, you need to have all your ducks in a row. Having the right motives, documents, and legal assistance will not only help you get through the proceedings faster but will also solve the issue for good. The first thing that your attorney will do is help you categorize the violations that your ex has carried out. This will then allow you to file a valid complaint into any of the available categories so as to get the most assistance from the courts.
Divorce Attorneys Help Assemble the Right Documents
After finding out what category your complaints fall into, your attorney will then help you gather all the relevant documents. You have to understand that your entire appeal to the court will be based on a material breach of the divorce decree. This means that the more documentation you can get your hands on, the easier and shorter your case presentation will be. While the divorce decree is enough for most cases, having additional records such as dates, notes, agreements and any other papers is a huge advantage. Remember to also carry a transcript of previous court proceedings if you have any.
Divorce Attorneys Help Enforce All Orders
Another fact that most spouses conveniently seem to forget is that a divorce decree is a court order. When a court issues any order during or after the divorce, it becomes legally binding. This means that failing to adhere to any clause, phrase or order set in the divorce decree is punishable in the eyes of the law. All parties named in the decree have to abide by the conditions set forth. If your ex-spouse willfully disobeys, then they can be held in contempt and actually subject to steep court penalties. Once you sit down with your lawyer and agree on the next step, your attorney will help you file for contempt. You can then ask the court to hold your ex in contempt for violating the court order.
As punishment, the court can make your ex grant make up time with the kids, pay all attorney fees, take classes and counseling or even serve jail time. However, these punishments are usually about wanting the ex to follow orders and respect their part of the agreement. With the right divorce attorney, this process should take a very short time and help you rest easy with the knowledge that your ex will now commit to their obligations.
