Enforcing Terms of Divorce in New Jersey
Following the close of a divorce case, any transfer of real state should be done immediately, including preparing and recording deeds. If the spouses have joint accounts or other financial assets or debts, they must be handled according to the final divorce orders. If one party is staying in the marital residence and the other party does not have obligations to pay towards certain bills or utilities, those bills should be changed over into the other party’s name.
Another important aspect is the distribution of retirement assets by way of QDRO, or qualified domestic relations order. The marital settlement agreement will indicate what retirement assets are to be shared, the amount, the distribution, and how those distributions will take place, so it is important to do those as soon as the judgment of divorce is finalized. Other documents may need to be altered to reflect a change in name after a divorce.
All these aspects will change following the dissolution of a marriage, and spouses may need help enforcing terms of a divorce in New Jersey if their ex is not complying the way they should. If they are not giving up assets awarded to you, failing to handle debts that have become their issue or comply with alimony payments, it may be necessary to hire a divorce lawyer to fight for your rights in court.
How Can a Divorce Settlement be Enforced?
If one of the parties is not complying with the terms of the divorce, then the other party could file an application to enforce. Other options, such as mediation, exist, but the final resort is to retain an attorney and file an application to enforce the terms of the divorce. This will involve the courts, potentially leading them to give additional orders to enforce the terms or face penalties.
If there are post-judgment issues Immediately prior to completing the divorce, it is important for the attorney to go over with the client all the items that need to be accomplished following the divorce and to ensure they are aware of the timeframe. Non-compliance with the terms of a divorce in New Jersey may lead to court enforcement but a seasoned attorney could help spouses avoid these difficulties.
Broken Terms of Divorce Settlements in New Jersey
If the terms of a divorce are broken, the affected party should try to address the issue with their ex-spouse. If they are unable to resolve that the problem, they can contact their attorney to try to resolve the issue through counsel. Settlement conferences or mediation may be required and if that fails, a local divorce attorney could file an application on behalf of the affected partner to enforce the terms of the agreement.
A common way of violating the terms of a divorce in New Jersey is failing to pay spousal support or child support. If people are supposed to transfer property within a certain timeframe or record a deed to a house in a certain timeframe, failing to do so is a violation of the divorce terms. If there are certain payouts that occur following the divorce in increments, failing to complete these transactions constitute a violation of the agreement.
Anything someone does which is not following the agreement would be considered a violation, including issues involving visitation of children. When any of these elements complicate post-divorce life, hiring an attorney for help enforcing terms of a divorce in New Jersey could help you get what the court awarded.
Handle Your Ex-Spouse’s Failure to Comply with New Jersey Divorce Orders
After you finish your divorce, you are facing a new chapter in your life. Even though it is the end of an era and there are likely sorrows and difficulties, this could be treated as a new beginning. There should be no more court appearances, no more dealing with attorneys and no more fighting. However, sometimes your ex-spouse may not live up to their portion of the court-ordered divorce settlement, throwing this new beginning into chaos
If you are facing these problems, it may be wise to consult an attorney for help enforcing terms of a divorce in New Jersey. Call today to schedule a consultation and get your tomorrow back on track.