What do I do if my ex does not comply with the divorce decree?

In legal matters, the ideal scenario is that all parties follow the court’s ruling and requirements. That does not always happen. If you find yourself in a situation where your ex does not comply with your divorce decree, there are several steps you can take.

It is often best to seek out the legal guidance of an attorney before taking any action. Doing that could help minimize the risk that you say or do the wrong thing, and that leads to the onset of complications. Our Albany divorce lawyer will guide you through this process, fully explaining your rights and options and protecting you and your children’s best interests.

Your legal options

In some situations, it may be possible to try to negotiate or simply reason with the other party. That does not mean you need to agree to anything other than what the court has put in front of you as the rules for moving forward. However, some will find that a conversation that is open-ended and honest could lead to compliance from the other party.

If they do not do so, then it is time to gather evidence that shows they are not compliant. This may involve finding documentation to prove that they did not do as they were instructed. Find out if the court order has any specific wording that prohibits or otherwise limits the actions they are engaged in, and, if so, follow the steps and strategies listed there to seek out a resolution.

Follow these tips:

• Create records of any communication you have with the other party, including screenshots of text messages and saved voicemails.
• Be sure to document what is occurring or not occurring on an ongoing basis in a simple journal.
• Log any type of non-compliance that occurs by including all information about the incident, including all specific dates and actions, the times, and even locations.

Let our family attorney guide you from there

When you believe your ex is not complying with some component of the divorce decree, it is best to work closely with a family attorney to determine what your rights are moving forward. Your attorney will:

• Analyze the case
• Provide you with honest feedback about the legal rights and rules within the decree
• Ensure you have legal clarity and evidence to move this case forward in a court of law
• Help you secure the additional information you need to prove your case
• Provide insight into the options available to you

Your attorney may advise you to file a motion to enforce the divorce decree. This is done in the court of law, and it needs to be filed properly, according to the rules of the court, to ensure that it is accepted. Typically, it is best to do this in the county where the divorce decree was put into place.

The court will then go to work for you. It will determine if it is necessary to have a hearing, which would mean setting a hearing where both parties could be present. Other times, they will take action to enforce the court order, such as pursuing contempt of court filings, which could lead to fines and other penalties.

You do not have to go through this alone

When your ex does not comply with your divorce decree, do not ignore this. Talk to them. Then, talk to us. Allow our Albany, GA divorce lawyer to pursue the legal action right in your specific situation. We work hard to protect your rights and minimize any complications to your case. Contact us now by calling (229) 349-6291 to set up a consultation to discuss your case.