by MonetteH

Created on: May 07, 2010   Last Updated: May 12, 2010

Having your divorce finalized, is sometimes half the battle.  What happens if the divorce decrees aren’t followed by your ex-spouse?  It is important to know what you can do legally to enforce the decree and what will be the end results might be in this situation.

What is Contempt?

We’ve seen judges threaten to cite individual with contempt of court for sudden outburts.  However, what does it mean in the case of divorce? If either party violates the divorce decree without first petitioning the court for an adjustment, this is called contempt of court.  

What do I do if I feel my ex is in contempt?

First, give your ex a reasonable amount of time to comply before taking legal action and keep meticulous records.  By taking legal action, you will be asking the court for jail time.  Would this really be to your advantage, or in the best interest of any children you may have together?  For instance, if the other party isn't paying you and they are sent to jail, they can't work.  Also having a jail record makes it very hard to get another job.  So again, try to weigh these tough decisions devoid of emotion.  You may decide it is best interest of everyone to simply ask for a modification of the divorce decree.  The most common modifications are done around money matters and children the couple may have.  If modification is not going to resolve your situation, either on your own (pro-se) or through your attorney, file a motion for contempt of court. If filing yourself, remember that the court expects you to file a professional motion as a lawyer would. A motion is legal paperwork used to bring an issue before the court.  The motion will let the court know what part of the decree was violated and why you feel there has been contempt of court.  Describe how the violation is affecting you, but without emotion.  Just state the facts.  After the motion is filed, you will receive notice of a hearing date and time.  A copy of this must also be sent to the other party.  

How do I prepare for court?

Hopefully you’ve kept very good records.  Get them together along with your divorce decree and other documents or evidence you have to support your contempt case.  Look for witnesses that can help prove your case.  Do not use your children as witnesses.  Make sure you appear at the hearing on time.  Also, try to think of what defense your spouse will use, so that you can argue professionally against them.

What happens if my ex is found guilty of contempt?

Usually, the court will give the guilty party a strict timeframe in which to comply. Fines or compensatory damages, monetary awards to compensate for injury, may be demanded as well.   If the violation is not resolved, jail time may be ordered, though this is not the norm.  If the party can prove that they cannot comply for substantiated reasons such as:  lack of income, they have disabilities, or children will be affected by jail time, it will probably not be ordered.  If you’ve kept good records and act as professionally as possible; you can go to court with confidence that the justice system is there to help you enforce the decrees in your divorce settlement.

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