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What to Do If Your Former Spouse Fails to Comply with Your Divorce Agreement in New York

September 11, 2024 by Zelenitz, Shapiro & D’Agostino, P.C.

Divorce Agreement

Going through a divorce always seems to be a challenge. Legal issues can still occur once all aspects of the divorce have been settled, especially when your ex-spouse does not comply with your divorce decree. Hiring an experienced divorce attorney is important when you find yourself in this type of situation. You will typically feel much better knowing that you’re working with the best divorce attorney in NYC.

Understanding Your Divorce Agreement

The divorce agreement outlines the responsibilities and rights of both parties. It may include terms related to child support, alimony, property division, and visitation rights. Any failure to comply with this agreement can lead to serious legal consequences. An experienced divorce attorney can help clarify the terms and explain what constitutes a breach of a divorce settlement agreement. Uncertainty regarding the terms may require finding a divorce attorney near me to make sure that you have the right legal support.

Documenting the Non-Compliance

If your ex does not comply with your divorce decree, be sure to document each instance of non-compliance. Having detailed records of missed payments, denied visitation, improper division of assets or other violations, typically strengthens your case when taking legal action becomes necessary. Accurate documentation will be critical during the enforcement process. A divorce attorney in New York, NY can provide guidance on the best ways to maintain these records.

Gathering Evidence of Violations

Any additional evidence is key to have once documentation of non-compliance begins. Bank statements showing missed payments, emails, or text messages that demonstrate the other party’s refusal to comply, can serve as crucial evidence. Such evidence plays a key role in enforcing a court order and holding your ex accountable.

Legal Enforcement Options

Exploring legal enforcement options becomes necessary if your ex-spouse continues to ignore the court order. Securing an experienced divorce attorney to file a motion for contempt of court is often the first step. Contempt of court in NY occurs if someone deliberately disobeys a court order. A divorce attorney in NY can easily guide you through this process, explaining what happens when you don’t follow a court order, as well as how to pursue enforcement.

Why You Should Work With a Divorce Attorney

Dealing with a former spouse that has breached a family court order commonly requires the expertise of a divorce attorney. A NY divorce attorney will guide you through each stage of the legal process. Working with a divorce attorney is much less stressful than attempting to manage this process on your own. You will also gain peace of mind by using a divorce attorney with experience in this field of legal matters.

Filing a Motion for Contempt

Filing a motion for contempt through an experienced lawyer is usually the first step in proving to the court that your ex-spouse is intentionally violating the agreement. A successful motion can result in penalties for your ex, such as fines or even jail time. A divorce attorney in New York City or Queens, NY, to be specific, can easily guide you through this process.

Working with a Divorce Lawyer

Collaborating closely with a divorce attorney, who specializes in family law, usually leads to a much better outcome. Finding the best divorce attorney near me is well worth the effort. Many NYC divorce attorneys offer a free consultation, allowing you to freely discuss your situation and explore your options without incurring an upfront cost.

Experience Is Everything

Securing an attorney with experience in legal matters such as a violation of a divorce agreement, can make a significant difference in the outcome. An experienced lawyer understands the nuances of how to enforce a divorce decree, which can vary depending on the specifics of your case. Seeking legal guidance on how to handle this type of situation, when your ex does not comply with your divorce decree, requires choosing an attorney with a strong background in family law.

How to Select an Experienced Divorce Lawyer

Researching the best divorce attorneys near me, as well as looking through reviews, helps to select the right lawyer. Look for a divorce attorney in NY with a proven history of success. An experienced attorney will understand the local court system and have a history of effectively enforcing divorce decrees.

Filed Under: Divorce

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