Enforce Your Florida Divorce Decree
Need Help Enforcing a Divorce Decree in Jacksonville?
Ideally, by the time that a husband and wife reach the point where a divorce decree is issued by a family law court, both parties will recognize the benefits of making a smooth post-marital transition, but unfortunately, this is often not the case.
In many instances, either because one of the spouses disagrees with the divorce decree or because they misunderstand the intent of the document, he or she will refuse to comply.
As divorce lawyers serving clients throughout Northern Florida, we at Owenby Law, P.A. have experienced situations where our client's ex-spouse has refused to comply with a divorce decree. In these instances, we have had to petition the court to hold him or her in contempt. If you are divorced and are having difficulty gaining compliance, our Jacksonville enforcement attorneys can help you file a motion for contempt of court.
If you or your spouse is in the military, the circumstances may be different than what is mentioned below. However, the attorneys at Owenby Law, P.A. have experience handling cases involving military divorce as well.
Contact Owenby Law, P.A. to learn more about your options in a free initial consultation.
Common examples of divorce decree violations include the following:
- Failing to vacate or sell the family residence
- Refusing to pay spousal support or child support
- Failing to adhere to a shared parenting arrangement
- Failing to provide for the division of retirement accounts
- Failing to surrender property assigned in the decree
- Refusing to turn over a pet assigned in the decree
- Failing to pay off designated debt obligations
How to Enforce a Divorce Decree Through the Courts
A divorce decree is a legally executed document signed by a judge, and is enforceable through the courts. Failure to comply can lead to fines and even jail time. If our client's former spouse refuses to respond to a request to comply with the divorce decree, our firm will typically recommend that we pursue the matter by returning to the courts. At the hearing, the judge will try to determine the reason for the spouse's non-compliance.
Depending on the facts of the case, the judge will either hold the defendant in contempt, determine a time frame to gain compliance, or amend the divorce decree. The judge may also award penalties and/or attorney costs to the petitioner. Unfortunately, there is no guarantee that a recalcitrant spouse won't continuously lapse into non-compliance. In some cases, it takes several appearances to gain complete cooperation.
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