When spouses get divorced, they are expected to be reasonable and honor the obligations mentioned in the divorce decree. There are times, however, when some spouses are found to disobey the terms of the judge. If this happens in your case too, and your spouse does not follow a divorce decree, you have the legal right to seek divorce decree enforcement through the court of law. Here are 3 important things that you need to do.
Determine the legal violations
You should review the decree thoroughly, to find out which of the provisions your ex-spouse has not honored. The provisions can be related to spousal maintenance payments or being late in paying for child support or any other thing.
Your ex-spouse may have violated other things such as visitation time or child custody, as ordered by the court. He or she might also have neglected or violated title transfer or property distribution orders of the judge. You have to determine all these violations and notify them to the judge with proper documents, to support your case
Collect as much evidence as you can
If you want to have the courts intervene successfully, you have to provide your judge with enough evidence of the violations of the other party. With financial records, written communications from your ex-spouse and other important documents, you can prove his or her non-compliance of the divorce decree. Such types of documents are very important and can support your case once enforcement occurs.
You are supposed to submit all the documents as proof, to show that you are the injured party. The burden of proof lies on you, and you should offer enough evidence and documents. These have to prove all your acquisitions of violations and non-compliance to the court of law
File a contempt of court motion
You have to initiate this process to respond to the violation of the divorce decree terms by the other party. You can start this process through pro-se litigant. As the injured party, you have to seek information from the court clerk about the types of forms that you should use for filing independently. He will help you to determine whether you need to file a motion for civil contempt of court or motion for enforcement or some other action.
From the court clerk, you can also get appropriate knowledge about the laws regarding how your ex-spouse will be provided with the contempt motion. A copy of the motion is supposed to be served to him, to bring to notice his violations of the decree. This is done to provide the other party with a chance to respond to the motion and immediately rectify that aspect of the decree that he or she has violated intentionally or unintentionally. A specific time period may be given to the person to do the correction.
You can get help from a qualified attorney to file a motion for contempt of court. It can be a good idea to go for a dedicated divorce/family lawyer in Kolkata who can provide you with the necessary assistance regarding the completion of all the formalities related to your case.
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