The divorce agreement is arguably the most important document created at the termination of a marriage. This document establishes rules and regulations for the couple moving forward on various topics. Whether it is done intentionally or unintentionally, if your spouse violates the divorce agreement it is important that you understand the legal implications and steps you can take. Contact a Nassau County divorce lawyer to set up your free consultation today.
What is a Divorce Agreement?
Divorce agreements, or divorce settlements, are legally binding documents that outline the terms and conditions of a divorce. Throughout the divorce process, the couple will settle on various important issues including property division, child custody, child support, alimony, and more. The decisions made on these topics will be established in the divorce agreement.
This document ensures that both parties can move on post-divorce with clear guidelines and legal protections regarding relevant issues. However, if one spouse acts in opposition to the terms it can create confusion and conflict.
What Should I Do if My Ex Violates Our Agreement?
Before approaching the court there are several steps you should take after your ex-spouse violates your divorce agreement.
- Document violations: Keep records of all violations. Whether you end up resolving the matter in or out of court, evidence will be crucial. Document missed payments, denied visitation, written communications, etc.
- Talk to your ex: It may be worth it to try to resolve the situation without involving the court. Communicate with your former spouse and discuss the violation to determine how the problem can be solved.
- Speak with a lawyer: If you cannot resolve the issue on your own, consult an experienced attorney for legal advice. They can help you understand your rights and options moving forward.
What Happens if My Spouse Violates the Divorce Agreement?
The consequences for violating a divorce agreement can vary depending on the severity of the violation. First, you can seek enforcement of the agreement through the court. With the help of your attorney, you can file a motion to enforce your divorce agreement. The court may charge your spouse with contempt of court for violating the terms of a legally binding document. This can lead to fines, garnishing of wages, or even jail time though it is rare.
The court may also impose financial penalties depending on the violation. If your spouse refuses to pay alimony or child support, the court could garnish their wages to ensure the money is paid to you or require them to pay interest or late fees.
In some cases, the court may modify the divorce agreement to account for your spouse’s behavior. They may award you more custody and parenting time, increase the amount of alimony or child support owed, adjust the payment schedule, etc.
It is important that you fight to protect your rights after your divorce. If your former spouse violates the divorce agreement, do not hesitate to contact an experienced attorney for legal advice and representation.
