Divorce is hard enough without having to deal with a spouse who doesn’t want to play by the rules. Once it’s finalized, the terms of the agreement legally bind both parties. This includes child custody, visitation, child support, and alimony. Unfortunately, some divorcing couples aren’t able to stick to the terms of their agreement, or some even try to take advantage of the other party.
If one spouse doesn’t hold up their end of the bargain, it can make life very difficult for the other. If you find yourself in a situation where your ex is violating the terms of your arrangement, there are some steps you can take to protect your interests and rights.
Speak With an Attorney
One question that most divorces have in mind is: what should I do about a party who’s in contempt of the terms of our divorce? In this case, the first step you should take is to speak with an attorney. An experienced attorney will be able to review your case and advise you on the best course of action. In some cases, it may be necessary to file a contempt of court action against your ex-spouse.
This can help enforce the terms of your agreement and help ensure that you receive what you are entitled to under the agreement. When one party violates the terms, it can cause great stress and anxiety. An experienced attorney can help you navigate these difficult waters and protect your interests.
Keep Detailed Records
If your ex-spouse is failing to make payments or comply with other terms of your divorce agreement, it is important to keep detailed records. This includes maintaining copies of all correspondence (emails, texts, etc.) and any documentation proving that your ex-spouse has violated the terms of the agreement.
This documentation will be essential if you need to take legal action against your ex-spouse. For instance, if you believe your ex is an irresponsible custodial parent, you’ll have to present evidence in court to prove your case. For visitation rights, you will need to show the court when your ex-spouse was supposed to have the children and when they actually had them.
Try To Negotiate a Resolution
Before taking any legal action, it is always best to try to negotiate a resolution with your ex-spouse. This can often be done without involving attorneys or going to court. If you can reach an agreement with your ex-spouse, put the agreement in writing and have both parties sign it. This will help avoid any future misunderstandings about what was agreed upon.
Negotiating works best when situations change, such as a new marriage that affects child custody or visitation or one party not following the divorce terms. If you’re still on good terms with your ex-spouse and there’s been a minor violation of the divorce agreement, it may be possible to work things out without taking any legal action.
Consider Mediation
If you cannot reach an agreement with your ex-spouse on your own, mediation can be an effective way to resolve divorce disagreements. This is a process where both parties meet with a neutral third party (the mediator) who helps facilitate discussion and negotiation. This step can be helpful in situations where a lot of emotion is involved.
It’s ideal where it’s difficult for both parties to communicate directly with each other and if you want to try to keep the divorce amicable and avoid going to court. In many cases, this can help resolve disputes quickly and efficiently.
Take Legal Action if Necessary
If all other attempts at resolving the issue have failed, you may need to take legal action against your ex-spouse. As mentioned earlier, this could involve filing a contempt of court or taking other legal measures. Again, it is important to consult with an attorney before taking any steps so that you understand all of your options and rights under the law.
Violating the Terms of Your Divorce Is Serious
The terms of your divorce are set in stone, right? Unfortunately, that’s not always the case. It can be incredibly frustrating when one party violates the terms of a divorce. Maybe your ex isn’t paying child support, or perhaps they’re refusing to sell the house as agreed upon. Whatever the case may be, it’s important to remember that you have options and that there are steps you can take to rectify the situation. Follow the above steps to help you resolve issues.