When you end your marriage, you expect the obligations specified in the divorce decree to be upheld. Unfortunately, there may be instances in which an ex-spouse doesn’t comply with the terms. If your ex-spouse deliberately ignores the terms outlined in your divorce decree, you can file an enforcement action in court. Please continue reading to discover the steps you can take to safeguard your rights if your ex-spouse fails to follow the decree’s terms and how a determined Suffolk County Divorce Attorney can help you navigate this complex situation.
What is a Divorce Decree?
Once a divorce is finally official in New York, both spouses become subject to what’s known as a divorce decree. This legal document is a formalized agreement between the court and two divorcing parties that legally ends the marriage and lays out the terms that will apply to the termination of the marriage. This includes terms on child support, alimony, custody arrangements, and property division.
What Happens When a Spouse Violates the Divorce Agreement?
If your ex-spouse continually defies the divorce decree, understanding your legal options is crucial. Generally, the first thing you should do is consult an experienced divorce attorney who can assess the situation and determine the best course of action. Depending on the specifics of your case, you may need to file a motion with the court to enforce the orders. Once this petition is submitted, the court will hold a hearing to review the circumstances of the violation before issuing a decision. In some cases, the court can hold your ex-spouse in contempt of court, which can result in steep fines and even potentially spending time behind bars.
It’s important to understand that a divorce decree and its instructions are legally binding and enforceable. For instance, if your ex-spouse is mandated in the divorce decree to pay alimony but fails to comply, the court can take various measures such as wage garnishment to enforce that obligation. In addition, if your ex-spouse violates the custody order, the court can modify parental time.
Should I Consult an Attorney?
Unfortunately, these matters can be difficult to navigate. As such, you should not address it alone. If your ex-spouse has not complied with your divorce decree, it’s in your best interest to enlist the help of an experienced Suffolk County divorce attorney who can help you gather evidence of your ex-spouse’s non-compliance to corroborate your claims. At the Law Offices of Susan A. Kassel, P.C., we are prepared to safeguard your rights and interests. Connect with our firm today to learn how we can help guide you through these tough times.
