California Divorce Attorney Giving You the Representation You Need to Enforce Divorce Decrees

Not all divorces end with a judge’s ruling. In the best-case scenario, a judge will divide assets, determine custody, make a final decision, and the marriage will be over. If children are involved, ex-spouses may continue to interact for the purposes of co-parenting. Otherwise, most people can begin their new lives once a judge’s divorce decrees are final. In some cases, though, one ex-spouse may decide he or she does not want to abide by the judge’s orders. If this happens, your former spouse is in contempt of court. This means certain steps may need to be taken in order to get them to comply with the judge’s ruling.

What is a Divorce Decree in California?

A divorce decree is a legal decision related to divorce handed down by a judge. It orders one or both spouses to meet certain obligations to the other spouse. A divorce decree can include but is not limited to:

• Alimony Payments
• Child Custody Agreements
• Distribution of Assets
• Payment of Debts
• An Order to Vacate Property

A divorce decree is a legal, binding decision made by a judge. Parties must abide by divorce decrees whether they agree with them or not. If a couple is divorcing amicably, unwanted divorce decrees can be avoided by going through mediation. This is a process in which a neutral third party will help the couple come to decisions about asset distribution, child custody, and other major factors related to the marriage.

If your divorce is not amicable, you will have to appear before a judge. In this case, decrees may be unavoidable. This is especially true if both spouses can’t come to an agreement on certain aspects of the marriage. A judge will review the details of your case. Your attorney and your former spouse’s attorney will each make arguments. Then the judge will come to final decisions regarding your marriage. Your or your former spouse may be able to appeal decrees. Until you appear before the judge again, though, decrees are legally binding. This means you and your former spouse must abide by them.

What Happens if My Spouse Doesn’t Abide by a Divorce Decree?

Sometimes, a former spouse may decide not to abide by a judge’s divorce decree. This could because they don’t want to lose partial or full custody of a child and refuse to abide by a custody schedule. They may also not want to turn over money, property, or other assets they want for themselves. An ex-spouse may also refuse by a divorce decree just to spite the other party. Regardless of motivation, refusing to abide by a divorce decree is contempt of court. Under California Penal Code Section 166 PC, contempt of court is a crime. It is a misdemeanor punishable by up to one year in jail and/or a fine of $1,000. This means if your ex-spouse is refusing to comply with a divorce decree, they are breaking the law.

You may be tempted to call the police and report your ex-spouse for contempt. This will probably not have the desired result. The police are busy with multiple major crimes. They may not respond to a call for contempt of court. This is especially true if there is no violence or child custody involved.

Depending on what decree your ex-spouse is violating, there may not be sufficient evidence. For example, you might call the police because your former espouse refused to turn over assets listed in a court decree. Your ex-spouse could claim they already abided by the decree and handed over the assets to you. They could further claim you are simply calling the police because you are upset over the circumstances of the divorce.

How Can I Enforce a Divorce Decree in California?

The best way to handle a former spouse who refuses to comply with a divorce decree is to file a motion for contempt of court. This is a legal document notifying the court that your former spouse is in violation of the divorce decree. The courts will be more likely to act than the police if your ex-spouse is in contempt of court.

Prior to filing a motion for contempt, it’s important to communicate with your ex-spouse to ensure they are willfully refusing to comply. There may be non-malicious reasons for your spouse’s refusal to comply. In some circumstances, your ex-spouse may believe he or she has already complied with the order. If your ex-spouse’s attorney has not properly communicated with him or her, they may also be unaware of the full extent of the order. It is important to establish there is no malicious intent. If you fail to properly communicate with your spouse and immediately take them to court on contempt charges, it could reflect poorly on you.

If you are able to determine your former spouse is intentionally and willfully refusing to comply, you should gather evidence supporting your case. This can include:

• Text Messages
• Emails
• Voicemails
• Receipts
• Photos
• Bank Statements
• Witness Statements

Your attorney can help you identify and gather the proper evidence. Any evidence you can submit to or bring to court will help further support your case.

Once the court receives the motion for contempt, you and your spouse will be summoned to court. The judge will then review the facts of the case. If the judge determines your spouse is refusing to comply with the decree, your spouse can be ruled in contempt on the spot. If this happens, your spouse may be fined or even taken into custody immediately. It may also lead to a modification of the divorce decree. This is especially true if child custody is involved.

What Should I Do if My Ex-Spouse Refuses to Comply with a Divorce Decree?

Divorce is difficult. There’s no reason it should be made more difficult by a combative spouse who refuses to comply with a divorce decree. If you or a loved one have been through a divorce and an ex-spouse is refusing to comply with a decree, don’t hesitate to contact The Law Office of Patrick O’Kennedy, located at 500 N State College Blvd Suite #1100, Orange, CA 92868, half-a-mile Southwest of Angel Stadium and three miles Southeast of Disneyland.

Patrick O’Kennedy is an experienced officer of the court and dislikes it when people refuse to comply with its orders. He believes people should meet their obligations to their ex-spouses. His experience in helping people through divorces means he takes responsibilities given by the court seriously. He can help you hold your ex-spouse accountable and make sure they comply with court decrees.

If you or a loved one have a spouse who is refusing to comply with a divorce decree, call The Law Office of Patrick O’Kennedy today at 714-701-6356 or email us for an in-depth, no obligation consultation. Divorce shouldn’t have to be any harder than it already is. Patrick O’Kennedy can help make it easier and hold your ex-spouse accountable.