If your former spouse violates the divorce agreement, you have several legal options available to enforce the terms. Work with a Memphis, Tennessee marital dissolution agreement lawyer to learn more about your rights and obtain representation.
What is a Divorce Agreement?
A divorce agreement is a legal document that outlines the terms of a divorce. Also referred to as a marital settlement agreement, among other names, this document is one of the most important that results from the termination of a marriage.
This court order serves to memorialize the various agreements made during the divorce process. They generally include agreements regarding the division of assets and debts, spousal support, child custody, and child support. The document can establish the following and more.
- Which spouse is entitled to which properties and assets
- Which spouse is responsible for certain debts
- Whether or not alimony is required, who is responsible for paying it, and how much
- Which parent is the custodial parent and shared custody schedules
- Which parent is responsible for child support and how much
What Can I Do if My Spouse Violates the Divorce Agreement?
The divorce agreement is legally binding and enforceable by the court. If your spouse violates the document in any way you should take the following actions to ensure enforcement and that your rights are protected.
- Document all violations: Regardless of the action you take later, it is beneficial to have evidence of all incidents where your spouse violated the terms of your agreement. Keep records including missed alimony or child support payments, times when you were denied visitation, text messages and other written communications, and other proof that they have failed to abide by the court-ordered agreement.
- Speak with your former spouse: Before taking drastic action it is probably in your best interest to communicate with your ex. There may be a reasonable explanation for their actions like a misunderstanding or temporary circumstances preventing them from abiding by the agreement. Give them the benefit of the doubt and attempt to resolve the issue on your own, given that you have a relationship that allows you to communicate safely and effectively.
- Consult an attorney: If the conflict cannot be resolved between the two of you, reach out to a lawyer. Your attorney can help you understand your rights and the legal options you have to ensure they are protected.
- File a motion in court: You can look to the court for enforcement of your divorce agreement. File a motion to enforce the agreement or a motion for contempt of court. Both of these petitions inform the court that your spouse has violated the terms of the contract. If your ex is found to be in contempt of court the terms may be enforced by garnishing wages, seizing property, or in some extreme cases, ordering time served. Besides ensuring that your ex’s debts to you are paid, the court may impose fines, adjust the terms of the agreement, or issue other penalties.
If your former spouse has violated your rights regarding the divorce agreement, contact an experienced attorney at Rice Law for legal representation and advice.
