1. My ex-spouse is not complying with the terms of our divorce decree. What can I do to enforce the decree?
You can file a petition to have your spouse held in contempt of court (also known as a petition for Rule Nisi).
2. What is contempt of court?
If a person violates a court order without a legally sufficient reason for doing so, that person is deemed to be in contempt of court, and must provide reasons to the Court not to be punished for the violation.
3. What will it cost to enforce the divorce decree?
There will be a filing fee with the Court, and possible costs for hiring a special process server or for certified mail to serve the petition on your ex-spouse. Also, if you hire an attorney, you will have attorney's fees that can range from several hundred to several thousand dollars, depending on the circumstances of your case.
4. Can I represent myself in this process?
Yes, but if there are issues regarding your children or finances, it is always advisable to consult a lawyer before proceeding.
5. If I cannot afford a lawyer, will the Court make my ex-spouse pay my lawyer's fees? Will the Court appoint a lawyer for me?
The Court has the discretion to award attorney's fees in contempt cases, but there is no guarantee a fee will be awarded. Courts generally will not appoint lawyers for these cases. However, you may want to check with your local legal aid or legal services group for assistance. Also, in Alabama, the Department of Human Resources (DHR) will represent you to enforce child support orders. The Court can put you in contact with DHR.
