When the process of your California divorce is completed, you and your former spouse or partner will be provided with a copy of your divorce decree. Summarizing the legal aspects of your divorce, the divorce decree will list the post-divorce legal obligations of both parties.
What happens, though, if your former spouse or partner violates the orders of the divorce?
You do have legal options, and in this issue, the San Diego divorce attorneys with the Men’s Legal Center will talk about what you can do legally to ensure your divorce agreement is honored.
If you’re considering divorce, get in touch with us here at the Men’s Legal Center. You can receive a free phone consultation and make your appointment by calling 619-234-3838 or getting in touch via email.
What can I do if my ex violates our divorce decree?
The legal definition for what your ex has done is contempt. While contempt of court can mean being disrespectful to the judge or causing a courtroom disturbance, it also means choosing not to obey an order of the court.
If you experience this, you can inform the court by filing a contempt action.
The consequences of contempt faced by your former spouse or partner can include jail time, fines, the paying of legal fees and court-awarded custody time.
How do I prove contempt?
Keep in mind that it’s up to you to prove contempt has been committed. To do this successfully, you and your San Diego divorce lawyer will have to prove that the accused party:
- Was fully aware of the divorce requirements
- Had the means and ability to fulfil the order but opted instead to violate it
- Does not have a legitimate excuse for failing to comply
For help with your divorce, call the Men’s Legal Center in San Diego.
Divorce is a legal process, and you definitely need the expertise of a skilled San Diego divorce lawyer during – and sometimes after – your divorce.
Here at the Men’s Legal Center, our sole mission is to provide you with all the resources you need throughout your divorce. You can receive a free phone consultation and make your appointment by calling 619-234-3838 or getting in touch via email.