Enforcement of Divorce Decree

More than a million divorces occur each year! The road to divorce is paved with intolerance and disinterest in working through issues. So, it is not surprising that after a final decree of divorce is entered, former spouses continue to have problems cooperating and complying. In those situations, enforcement of the divorce decree may be necessary.

What is a Divorce Decree?

A divorce decree is the order from a court which dissolves a couple's marriage. The decree can include agreements on child custody, visitation, alimony, property distribution, and child support. If these items are not listed, they are often incorporated into the decree through special clauses of a "separation agreement" or "property settlement agreement."

Enforcement Issues

After a divorce, a former husband or wife's circumstances may change. A once amicable split can become contested over binding clauses in the separation or property settlement agreements. Some of the most common enforcement issues include child custody, child visitation, alimony, and child support. Some of the more complicated issues include property distribution, pensions, and insurance.

Method of Enforcing Divorce Decrees

A divorce decree operates like an contract. A person can seek enforcement through mediation, arbitration, or the court. The avenue for enforcement will depend on the type of issue that needs remedying.

For issues regarding child support, custody and visitation, the decree will offer the guidance on where to seek remedies. A decree or incorporated separation/property settlement agreement will instruct the parties that future disputes can be handled in court or alternative means. The proper court could be a family (juvenile and domestic) or circuit (superior) court.

For issues of relating to property, cars, houses, pensions or insurance, the decree may also offer guidance. Some will offer that future disputes are to be heard before the court issuing the decree. If the decree is silent to this issue, a party may file in any appropriate court (general district or circuit/superior) or pursue the less confrontation methods of arbitration and mediation.

To initiate an enforcement action in court, a party (former husband or wife) file paperwork. In this paperwork, sometimes called a show cause or complaint, the party is simply asking the court to find that the other person has violated the decree and has not legal justification for doing so.

Most of these forms can be found on the web or completed by hired counsel. Once the forms are filed, notices will be sent and the parties attend a hearing to resolve the dispute.

For a former couple to resolve disputes through mediation or arbitration, the parties simply agree to the meet with the arbiter or mediator for the resolution session.

Remedies

After the hearing, mediation or arbitration, a judge, mediator or arbitrator may find that the decree has been violated without justification. In alimony, child support, or property disputes, compensation is a common remedy. For visitation issues, the visitation schedule may be altered or even eliminated. Courts can also incarcerate a non-compliant party. This is common in child support cases.

Decrees, through separation and property settlement agreements, often include clauses about violations of court orders and prior agreements. These clauses require wrongdoers to reimburse for or pay the other party's legal costs and damages.

Enforcement of a divorce decree can be difficult; however, an enforcement action could be necessary to ensure compliance with the mandate of the court. Knowing what to consider when enforcing a divorce decree will save time and money in the long run.