Enforcing A Divorce Decree In Florida | Failure To Comply With ...

Enforcing a Divorce Decree Enforce Your Florida Divorce Degree

Need Help Enforcing a Divorce Decree in Jacksonville?

Ideally, by the time that a husband and wife reach the point where a divorce decree is issued by a family law court, both parties will recognize the benefits of making a smooth post-marital transition, but unfortunately, this is often not the case.

In many instances, either because one of the spouses disagrees with the divorce decree or because they misunderstand the intent of the document, he or she will refuse to comply.

As divorce lawyers serving clients throughout Northern Florida, we at Owenby Law, P.A. have experienced situations where our client's ex-spouse has refused to comply with a divorce decree. In these instances, we have had to petition the court to hold him or her in contempt. If you are divorced and are having difficulty gaining compliance, our Jacksonville enforcement attorneys can help you file a motion for contempt of court.

If you or your spouse is in the military, the circumstances may be different than what is mentioned below. However, the attorneys at Owenby Law, P.A. have experience handling cases involving military divorce as well.

Contact Owenby Law, P.A. to learn more about your options in a free initial consultation.

Common examples of divorce decree violations include the following:

• Failing to vacate or sell the family residence
• Refusing to pay spousal support or child support
• Failing to adhere to a shared parenting arrangement
• Failing to provide for the division of retirement accounts
• Failing to surrender property assigned in the decree
• Refusing to turn over a pet assigned in the decree
• Failing to pay off designated debt obligations

How to Enforce a Divorce Decree Through the Courts

A divorce decree is a legally executed document signed by a judge, and is enforceable through the courts. Failure to comply can lead to fines and even jail time. If our client's former spouse refuses to respond to a request to comply with divorce decree, our firm will typically recommend that we pursue the matter by returning to the courts. At the hearing, the judge will try to determine the reason for the spouse's non-compliance.

Depending on the facts of the case, the judge will either hold the defendant in contempt, determine a time frame to gain compliance, or amend the divorce decree. The judge may also award penalties and/or attorney costs to the petitioner. Unfortunately, there is no guarantee that a recalcitrant spouse won't continuously lapse into non-compliance. In some cases, it takes several appearances to gain complete cooperation.

What Steps Are Involved in Filing a Contempt Action?

• Carefully review your divorce decree: Before you file a motion for contempt, it is important that you carefully reread your divorce decree in order to ensure a violation has actually occurred. You will need to be able to prove that your spouse has willfully violated the order.
• Contact a Jacksonville enforcement attorney: Although you have the right to represent yourself in a contempt action, it is not recommended. Your chances of successfully resolving this issue are significantly increased when you work with an experienced family lawyer.
• Try to reason with your ex-spouse: Before taking your case to court, you should try reasoning with your ex-spouse. Sometimes, it may be enough to let them know that you are ready to go to court if they cannot figure out a way to comply with your divorce decree.
• File a contempt motion with the court: If your ex-spouse is unwilling to comply with the decree, you can file a motion for contempt in the same court that finalized your divorce. The court would then schedule a hearing and serve your ex-spouse with a notification.
• Present your case at the contempt hearing: At the contempt hearing, you will present your case to the judge. They will review all evidence about the alleged violation and then hear the defendant’s side of the story regarding why they have failed to comply with the order.

Request a Free Initial Consultation with Our Enforcement Lawyers in Jacksonville

Just as you are expected to comply with the terms of a divorce decree, so must your ex-husband or ex-wife. We know how frustrating it is to have to deal with an uncooperative former spouse. We are here to help you enforce the divorce decree you need to continue moving on with your life.

Contact our firm today at (904) 770-3141 to get started. Initial consultations are free and confidential!

• Annulment
• Contested Divorce
• Divorcing with an Adopted Child
• Domestic Violence
• Enforcing a Divorce Decree
• High Net Worth Divorce
• Property Division
  • Dividing Pensions in Divorce
  • Dividing Debt in Divorce
• Mental Incapacitation
• Military Divorce
  • Air Force Divorce
  • Army Divorce
  • Marine Divorce
  • Navy Divorce
  • National Guard Divorce
  • Military Spouse Benefits
  • Soldiers & Sailors Relief Act
• Prenuptial Agreements
• Postnuptial Agreements
• Separation Agreements
• Setting Aside Divorce Settlements
• Uncontested Divorce

• "Exceeded all of my expectations." My experience with Owenby Law was awesome! The team went above and beyond to exceed all of my expectations. They were extremely personable and proficient, communicating each step and detail throughout the process. - Roxianne B. Stanberry

• "Outstanding representation and service" My experience with Owenby Law, P.A. has been outstanding. They did an excellent job of representing me. I did much better in my final hearing than I thought I would. The staff handling finance accommodated me in making payments. I am very happy and recommend this firm to others. - Rick Stevens

• "Attentive and clear guidance." It was wonderful working with Owenby Law, P.A. They were very attentive to our needs and walked us through the entire process. Sometimes legal terms get confusing, but they made everything make sense. We'll definitely use them for all our future needs. Thank you! - Elena O.

• "A great team committed to clients." Owenby Law, P.A. has a great team of attorneys. I'm very impressed with their grasp of family law and commitment to clients. I'd recommend them to anyone seeking a family attorney. - Ben J.

• "Authentic and transparent." Owenby Law, P.A. came highly recommended. From day one, I knew they were trustworthy. They are transparent and genuinely caring. They didn't miss a detail in our transaction. Owenby Law, P.A. are my attorneys for life. - C.M.

• "Exceptional family law expertise." Owenby Law, P.A. provided exceptional family law expertise. The team showed top-notch legal skill from consultation to final decree. Their no-nonsense, fact-based approach ensured a fair outcome. If you need great representation, call Owenby Law! - A. Sawyer

• "Excellent Legal Representation" Counsel provided by Nancy Sutton I just wanted to compliment Nancy in the handling of my recent legal issue. I was not only impressed with her accurate and expansive knowledge of legal positions but also the level of compassion she exhibited as we progressed to conclusion. Nancy's level of professional and personal ethics are above reproach and I would not hesitate to obtain her representation should the occasion arise in the future. - Stephen Logan

• "Excellence" Tawny Rountree's representation absolutely exceeds all expectations! - T. Haston

View All Reviews

• First Name Please enter your first name.
• Last Name Please enter your last name.
• Phone Please enter your phone number. This isn't a valid phone number.
• Email Please enter your email address. This isn't a valid email address.
• Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection.
• How can we help you? Please enter a message.
• By submitting, you agree to receive text messages from Owenby Law, P.A. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Send Message

• Meet Your Legal Professionals We put the time and care into your case that it deserves, and we are here to guide you through this process. Get To Know Us
• Handling All Aspects of the Legal Process We are the reputable and reliable law firm you need on your side during your legal matter. We handle all types of cases! Learn More
• Answers to Your Legal Questions The legal process can be daunting, and we understand you may have questions. Review our FAQ page to find helpful answers. View FAQ

• Free Initial Consultations
• Successfully Handled Thousands of Cases
• Backed by Over 20 Years of Experience
• Personalized, Results-Oriented Representation
• A Team of Compassionate Advocates On Your Side
• Flexible Payment Plans Available