When a judge enters a divorce order, it is final. Both parties must abide by the terms set in the agreement. If either party experiences a significant change in circumstances, they may request a modification, but only with respect to certain ongoing obligations pursuant to the divorce agreement. Otherwise, if someone breaks the terms of the divorce order, there can be legal consequences.
Enforcing the terms of a divorce in New Haven is crucial to preserving peace and stability in your life after leaving your spouse. If you believe your ex-spouse has broken the terms of your dissolution order, or if you were accused of breaching the agreement, call a skilled divorce lawyer right away.
Hiring a lawyer to handle the divorce is the best way to ensure the terms of the marital dissolution will address all relevant matters. The clearer and more comprehensive these terms are initially, the less likely it is that one party will break the agreement. Those considering divorce should align themselves with a dedicated attorney for help establishing clear and enforceable dissolution terms.
There are many potential provisions in a divorce agreement that one person could break, depending on specific terms of the order. Some common issues include a failure to:
A typical scenario may involve one party who failed to refinance the mortgage on the marital home and remove the other person’s name. A lawyer skilled at handling disputes such as these can work to have the terms of the divorce enforced or modified.
If something was left out of the divorce or there is a significant change in circumstances that creates a need to alter the divorce order, a post-judgment motion to modify will need to be filed. However, if one party breaches the court order without filing a motion to modify, the other party can seek an order of contempt.
Anyone who suspects their ex-spouse breached the terms of the divorce order should gather any documents or other pieces of evidence needed to prove that the other party failed to comply with the provisions. After collecting the necessary evidence, an individual can work with an experienced lawyer to file a post-judgment motion for contempt to enforce the divorce order
Once the motion for contempt is filed, the moving party’s attorney will attempt to convince the judge that the other party willfully disobeyed the order. When representing the accused party, a legal professional can argue that the individual did not intend to breach the agreement or did not have the means to uphold their obligations under the order.
Before you enter into a divorce agreement, you should ensure that all issues relating to your marriage are fully addressed. The best way to ensure you are covered is to hire a dedicated attorney who will represent your bests interests. Enforcing the terms of a divorce in New Haven is more straightforward with a detailed, unambiguous agreement. Reach out to our firm today to get started on your case.