When your divorce was finalized you were likely given a copy of the divorce agreement, the document establishing the terms and conditions of your separation. This document is crucial and legally binding. If you notice your former spouse straying from the terms, however, you may be unsure how to proceed. Continue reading to learn more about what happens when a spouse violates their divorce agreement and work with an experienced Mountainside post-judgment action attorney for legal assistance.
What is a Divorce Agreement?
A divorce agreement is a legally binding document that outlines the terms of a divorce. It covers all important issues in a divorce like property division, debt division, child custody and visitation, child support, alimony, and other financial or relevant matters.
The goal of the divorce agreement is to prevent disputes and conflict once the marriage has been officially terminated. Both parties should understand their rights and responsibilities to minimize future arguments or misunderstandings. The divorce agreement is enforceable by law and when either party violates the terms they can face several legal consequences.
What Violations Exist?
Violations of a divorce agreement can exist in many different ways. Some of the most common breaches involve a failure or refusal to pay for financial obligations like child support or alimony. When one spouse refuses to pay at all, on time, or in full, they are violating the agreement.
A spouse may also violate the terms by failing to comply with visitation or custody arrangements. Refusing to drop the child back off at the other parent’s house when it is their turn or failing to house the child when the schedule requires it denies the other parent their parental rights.
What Happens When My Spouse Violates the Divorce Agreement?
When one spouse violates the divorce agreement, the other party has several options to enforce the terms and protect their rights. If your ex fails to abide by the document, you may first attempt to resolve the issue outside the court. Through mediation or negotiation, you can discuss the issues with your former spouse and attempt to come up with a resolution.
If that does not work, however, you can file a motion in court to enforce the agreement. To ensure your ex’s financial obligations are met, the court may garnish their wages or seize various assets. If there have been several violations a court may issue additional penalties like fines or even charges for contempt of court. In extreme cases, contempt can result in jail time.
In addition to enforcement, the court may modify your divorce agreement. If the violations are due to new circumstances like your ex losing their job or developing an illness that prevents them from paying support, the court can adjust the terms to ensure a fair agreement. They can also modify the agreement to give you additional parenting time if your former spouse attempted to deny you access to your children, for example. Modifications can be made on a case-by-case basis to ensure both parties’ rights are protected.
