Signing the divorce papers doesn’t always mean the end of the road for a once-married couple. There are some terms, such as child custody, visitation, spousal support, and the division of assets, that may still be in dispute. If your ex is not following the terms of divorce you have agreed to, there are some steps you can take to resolve the issue.
Determine the Violations
The first thing you need to do is determine if there have been any actual violations of the terms of the divorce. If you can prove that your ex did not follow the agreed terms, then this is a strong indication that there has been a breach of contract. Some common violations that are likely to take place are:
Problems with Child Custody and Visitation
When children are involved in a divorce, the court decides to give one parent custody while the other parent gets visitation rights. If your ex is not following the custody and visitation schedule, then this would be considered a violation of the terms of the divorce agreement.
Failure To Pay Spousal Support or Child Support
Another common violation that takes place is when your ex fails to pay spousal or child support as outlined in the divorce agreement. This is considered a serious breach of contract and should be addressed immediately.
Failure To Pay Debts or Division of Assets
In some cases, the court may order one spouse to pay certain debts that were acquired during the marriage. If your ex has failed to make these payments, then this would be considered a violation. Similarly, if your ex has not followed through on the division of assets as outlined in the divorce agreement, this should be addressed promptly.
Gather Evidence
Once you have identified that there has been a violation of the divorce decree, it is important to document these violations as much as possible. This includes keeping detailed records of missed payments, missed custody visits, and any other violations that have taken place. This will help to prove your case should you choose to take it to court.
You should ensure that the evidence you gather is actual proof of a violation rather than your own opinion or interpretation of the terms of the divorce.
Consider hiring an experienced divorce attorney who can help you gather important evidence that best represents your case.
File a Motion to Enforce the Divorce Decree
If your ex is not following the terms of the divorce, you may file a motion to enforce the decree. This will notify the court that your ex is in violation and should be held accountable for their actions. The court will then review your evidence and decide if any punitive or corrective measures should take place. If the court finds that your ex has breached the divorce agreement, they may order them to pay damages or fines or adjust the terms of the decree.
Consider Post Divorce Modification
Post-divorce modification happens when a couple has already obtained a divorce but needs to make changes to the existing decree. This could include changing child support payments, altering custody and visitation arrangements, or making other alterations based on extenuating circumstances.
If you feel that your ex is not following the terms of the divorce due to changed life circumstances, this may be an option worth considering. You can also talk to your ex about the possibility of a post-divorce modification to see if they would be willing to negotiate.
Get Help from a Divorce Attorney
Ultimately, when it comes to divorce agreements, it is important that both parties abide by the terms of the decree. If you feel like your ex is not following their end of the bargain, it’s important to take action in order to protect your rights and ensure that the terms of the decree are enforced.
A divorce lawyer can provide you with guidance and advice on how best to proceed with a breach of contract claim. They can also help you understand what legal repercussions may arise from a violation, as well as represent you in court should it be necessary.
The Cassell Firm is here to help you if your ex has violated terms of divorce. We understand how difficult this situation can be and strive to provide you with the best possible legal counsel.