|
Divorce Packages
Marital Agreements
Discovery
Wills
Solutions
All Forms
Home
Search
States
Children
Money
Survival Guide
Best Books
Legal Help
Clients
| |
Enforcing Your Divorce Decree
This is all about protecting yourself when your exspouse has clearly
failed to do what the divorce decree required him or her to do. It's the
procedure I suggest you follow when you need to (a) make it clear to your
exspouse that he or she is not complying with the decree and (b) put
yourself in the strongest position possible to get compensated for the
cost of using the court, if that becomes necessary.
Write your exspouse a letter. In that letter you need to do the following:
 | Use correct spelling and grammar. A judge may be reading this later. |
| State in simple, matter-of-fact language what the decree requires,
referencing section or paragraph numbers where appropriate. |
| State in simple, matter-of-fact language what you can observe about
your exspouse's lack of compliance. That is, if all you know about the payment
on the car is from the online site you consulted, don't say "You haven't paid
the car payment in three months, probably because of that bimbo you're
boinking." Instead, say simply, "the record I checked on August 17 at
[the web site] indicates no payments for June, July, or August." |
| If your exspouse's lack of compliance is damaging you, describe the
specifics. |
| Give your exspouse a reasonable time to comply, a date that really is
attainable. |
| Avoid any assumptions about your exspouse's motives. Leave that to the
court. |
Send the letter by certified mail. Then, if the reasonable time expires and
your exspouse hasn't complied, you're relatively well positioned to ask the
court to grant you the relief you need (to the extent your exspouse can
comply, and you're also well positioned to ask the court to find your exspouse
in contempt of court and to order your exspouse to pay you the attorney's fee
you have incurred to enforce the decree.
|
