Many divorce decrees will not only separate marital property, but they will also include specific tasks that the parties need to complete to effectuate the property transfers to each other in the future. For example, some divorce decrees that have language in them regarding the sale or transfer of the marital home will require both parties’ cooperation in executing a quit claim deed. Another example might be a property division that is paid off over time from one party to another. Maybe your spouse is ordered, per your divorce decree, to pay fifty percent of the out of pocket medical costs for your minor children. There are all sorts of obligations placed upon parties in a divorce decree. One of the most common questions I get involves one party not doing what they are supposed to do.
If your ex is not abiding by the divorce decree, you typically have two options: (1) You can file a motion asking the court to hold the other party in indirect civil contempt of court for non-compliance with the order, or (2) you can file a motion to enforce the judgment. These are just two of the many types of motions that can be filed. The purpose of these motions is to encourage the other party to comply with whatever obligation is outstanding. The Judge has the authority to hold them in contempt of court for a violation of a court order that is without compelling cause or justification. Sometimes this is necessary in order to ensure future compliance with court orders. Other times a simple motion to enforce the divorce decree may be enough to obtain full compliance. It is completely dependent upon your situation.
If the other party to your family law proceeding is in violation of a court order, call our office to set up a consultation and to evaluate if either of these motions, or another motion, are necessary to file. We would be happy to assist you.