You’ve just been through a long and stressful divorce, and now your ex-spouse will not follow court orders. Although most parties can typically agree on alimony, child custody, and much more, it may be complicated for everyone to follow agreed-up orders. This can cause frustration, anger, and added stress that nobody should experience after a divorce.
If you have found yourself in this tricky situation, it may be best for you to seek the help of a professional divorce attorney. Let’s take a closer look at a few different ways to approach this situation to keep your sanity and reduce stress.
Temporary or Final Order
Not all orders are final during a divorce; therefore, it is essential to understand the difference between temporary and final orders. The court can modify a temporary order upon a petition from either spouse. These orders are set in place to resolve issues during the preceding’s until a final agreement is made.
The final order is a combination of both the marital agreement and the allocation judgment. Although these orders are more set in stone, some aspects can be modified with a process beginning with a petition.
Marital Settlement Agreement
When it comes to property division, the decisions made in the marital agreement cannot be changed. However, other issues such as child support or maintenance can be modified upon a petition. There also needs to be substantial evidence to warrant a change to the agreement. With a lack of evidence, your petition may not hold much ground and might not influence a change in the orders.
File a Petition
Now, what happens when all is said and done, and your ex-spouse will still not follow the orders? The first thing you should do is file a petition known as a Rule to Show Cause Petition. This is a request to the courts to enforce the terms of your final agreement or decision that was made.
If the other party still does not adhere to the final decisions that have been made in a court of law, the judge can issue a finding of contempt. These can be severe violations, and the punishment is dependent upon the judge’s decision. If your ex-spouse still does not follow these orders, the penalties can be more severe. However, hopefully, after the first punishment, which can mean jail time, it’s a serious enough offense to have them get back in line.
At Cobb Cole Attorneys at Law, we understand that divorce can be difficult. Having an ex-spouse that will not follow court orders can make the situation even more stressful. Without a knowledgeable team of divorce attorneys, we can help guide you through the process and give you the professional advice you need. If you are looking for a trusted attorney in the Deland area with years of experience, contact us today!