When a couple resorts to a contested divorce, there are already issues causing disputes. The contested divorce process can add fuel to an already burning fire. Yet, the system and the court hope that once those issues are resolved in a divorce settlement, the parties will find a way to live with the decisions. That is not always the case, and at times one or both parties need to take steps to ensure that the divorce and the property settlement agreement (PSA) are enforced.
Divorce Decree
In a contested divorce, the judge may hear a great deal of testimony for both sides, giving them a great deal of information to analyze before they hand down their judgment. That judgment may be very complex, covering key issues of the divorce such as division of property, child custody, spousal support, and child support. States and courts differ, but parties may often wait up to one month for each day the trial lasted. For a two-day trial, the parties may be required to wait two months. Once the judgment is issued, the parties will wait a period of time before the written divorce decree is issued, but in some states that period is approximately ninety days.
If either party is dissatisfied with the final decree, they may file post-trial motions for relief from the judgment. If those motions are denied, they may have an additional period, often thirty days, to file an appeal. If the appeal is also denied, the divorce becomes final.
Enforcing the Divorce Decree
Once a divorce decree is final, the parties must then comply with the orders it contains. That may include a number of items, including:
- Surrendering the property assigned to the other party
- Disposing of property which must be sold and the proceeds divided between the parties
- Removing the other party’s name from important documents, such as credit cards, mortgages, car loans, etc.
- Surrendering custody of the children, if so ordered
- Beginning to pay child support and spousal support, if so ordered
- Honoring visitation schedules, when ordered
A divorce judgment is a legal decision that has all the power of law behind it. If either party fails to obey the court orders in the divorce judgment, the other party can, in some cases, call the police and have those elements enforced or the offending party jailed. In other cases, they can have their attorney petition the court for a contempt of court order, which can also result in additional judgments against their former spouse. In some cases, however, if the other party does not have the financial means to obey court orders, there is little the court can do.
Getting Legal Help with Enforcing a Divorce Decree
Finalizing a divorce and enforcing compliance with court orders can be as difficult as a contentious divorce trial. It is important for parties who found a skilled and committed attorney during the trial to continue to use that attorney to enforce the divorce decree if necessary. They know the background of the case, the parties involved, the courts, and the law. There is no one better qualified to take the case to the next level of enforcement if required.
