Enforcing Terms of Divorce in Monmouth County
After going through a divorce, you may breathe a sigh of relief when the judgment of divorce is entered and you can move forward into the next phase of your life. However, when one party to a divorce agreement does not live up to their end of the bargain, serious legal trouble can ensue.
If you need help enforcing the terms of your divorce agreement in Monmouth County, an experienced attorney can offer guidance and walk you through each step of the legal process. Likewise, if your former spouse is alleging that you have breached the terms of your divorce agreement, you need vigilant legal assistance to safeguard your rights and represent your interests in Court.
Common Issues That May Require Enforcing a Divorce Agreement
A divorce agreement can cover a wide range of issues of importance to both parties. These can include, but are not limited to, provisions for alimony, the division of marital property, child custody, visitation, child support, and payment of college costs.
After the divorce agreement is signed, it becomes an enforceable agreement, just like any other contract. When the judge enters the judgment of divorce incorporating the agreement, the agreement also becomes enforceable just like any other judgment or court order. A violation of any provisions of the divorce agreement can expose the violating party to significant legal problems, and the other party has a right to seek enforcement.
Multiple situations may arise following the dissolution of the marriage where one party needs to take legal steps to enforce a divorce agreement. For example, if one party refuses to pay alimony as outlined in a Monmouth County divorce agreement or is not abiding by the visitation rules that the parties previously agreed to, it may be necessary to enforce the terms of the divorce agreement.
When one party is not living up to their child support obligation, either because they are paying late or not paying at all, the other party may need to seek enforcement through the Court.
After the sale of the marital home or other assets, one party may not adhere to the provisions for the division of the net proceeds as agreed in the divorce agreement. This is another common scenario where enforcement may be required.
How to Enforce the Terms of a Divorce
A Monmouth County attorney can provide experienced legal representation in a negotiation setting or in the courtroom for someone who needs help enforcing the terms of their divorce agreement. If one person violates the terms of the divorce, the other person can initiate proceedings to hold them in violation of litigant’s rights, or even in contempt of Court in egregious and chronic cases.
The party seeking the enforcement action will need to provide evidence to support their allegations. This evidence can take a variety of forms, such as correspondence between the two parties and documented instances of violations. In terms of financial violations, once the party filing the enforcement action makes sufficient allegations and proof, the burden shifts to the other party to prove they have complied.
The Court may initially give the violating party a warning to offer them a chance to make things right. However, it is well within the Court’s power to impose severe legal penalties if the non-confirming party is found to have violated a divorce agreement, especially if they do it several times or the violation is of a severe magnitude. These penalties can range from fines to wage garnishment to freezing financial assets to a period of incarceration until the party becomes compliant.
Contact an Attorney About Enforcing Terms of Divorce in Monmouth County
Enforcing terms of a divorce in Monmouth County may be required if one person does not abide by what the parties agreed to. However, there may be situations where a fundamental shift in one party’s circumstances warrants a change. When this happens, it may be possible to seek a modification to one or more provisions of the divorce agreement.
Neither you nor your former spouse can simply stop abiding by the terms of a divorce agreement unless and until a modification is approved. If you have questions about enforcing your divorce agreement or responding to an enforcement motion, you need to consult with an attorney as soon as possible.
Reach out to our office today to speak with an experienced lawyer about your situation. An attorney can immediately get to work to protect your legal rights and help you seek a favorable outcome to your case.
