When you divorced last year, you and your then spouse agreed to what you thought was a fair divorce agreement. Sadly, they are failing to comply with that order, and you’re unsure what to do. You may even wonder, “Can my former spouse be held in contempt of court for violating our divorce agreement?”
In a word — yes. The goal here is to enforce the terms of the divorce agreement and protect your rights. If you have proof that the violation occurred and isn’t being rectified, you can work with your family law attorney to file an enforcement and request that your ex be held in contempt, depending on the violation.
What Constitutes Violating a Divorce Agreement?
The Department of Justice’s general definition of contempt of court is “An act of disobedience or disrespect toward the judicial branch of the government, or an interference with its orderly process. It is an offense against a court of justice or a person to whom the judicial functions of the sovereignty have been delegated.” Any sign of disobedience or disrespect toward a judge or the judicial system — whether inside a court of law (direct contempt) or outside of it (indirect) — can land you in contempt.
A variety of actions or disrespectful remarks can lead to you being held in contempt of court. But in the context of violating a divorce agreement, below are a few common examples of what we’re talking about:
- Failing to pay spousal maintenance or child support
- Not adhering to property division terms
- Violations of the possession schedule
- The spouse with primary custody moving out of state without the other’s consent
Basically, a violation can occur anytime one party doesn’t do what was agreed to in the divorce agreement.
It’s important to note that you or your former spouse’s actions could fall under one of two types of contempt proceedings: criminal or civil. Depending on the type of contempt, the consequence can include jail time, fines, and community service.
When Should You Consult With a Family Law Attorney?
You should consult with a family law attorney if you believe your former spouse has violated the terms of your divorce agreement and should be held in contempt of court. Family law attorneys are well-versed in post-divorce issues and can review the details of your unique situation and guide you on the next steps.
The attorneys at Christman | Daniell Attorneys have a unique and refreshing approach to the often turbulent and emotionally stressful disputes arising in the context of divorce, child custody, and other family law cases. Our firm anchors its representation and legal advice in principles and philosophies that focus on the long-term best interests of children and families. We offer services ranging from mediation to child custody to client advocacy in a divorce action. Our mission is to provide our clients with long-range perspectives and outstanding legal advice that help them rebuild their families after marital dissolution.
Please call Christman | Daniell Attorneys for your legal needs today!
Christman | Daniell, has a unique and refreshing approach to the often turbulent and emotionally stressful disputes arising in the context of divorce, child custody, and other family law cases. Our firm anchors its representation and legal advice in principles and philosophies that focus on the long-term best interests of children and families. We are committed to supporting and guiding you through the dark days of marital discord and crisis.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
