Is your spouse being held in contempt by the court and it’s slowing down the divorce process?
Contempt of court refers to not being respectful towards a court, disregarding its orders or showing plain disobedience to it. Contempt of court in divorce cases is violating a court order. The two types of contempt of court are criminal and civil contempt, and both can lead to penalties. Contempt aims to enforce compliance by the opposing party without any motive of punishment. There are things about contempt of court you need to know, and here they are:
What Contempt of Court Means in a Divorce
What does contempt of court mean in a divorce? In the event of a court issuing an order regarding a divorce case like support payments or an official visitation schedule, the order is said to be legally binding and any willful disobedience will be deemed contempt of court divorce settlement and could result in penalties.
Violation of Court Orders May Lead to Penalties
Violations of any court orders concerning the divorce process can justifiably lead to penalties for contempt of court in divorce. Most well-known causes of contempt include missing child support payments, not obeying court-approved visitation rights, and not accepting asset distribution according to what the court decreed.
Nonetheless, in order to bring forward a contempt of court, you have to prove that your spouse is wilfully disobeying court orders and disregarding compliance.
If you want to a contempt of court enacted against your spouse, don’t make a fool of yourself by misunderstanding the decree. You have to prove that your spouse was deliberately and wilfully disobeying the court order. Filing a contempt of court divorce settlement will require you to produce strong evidence to support your claims.
Get Help from an Attorney
An experienced divorce attorney could very well help you deal with the complications of domestic litigation. If you are successful in proving your accusations, the offending party will have to pay your attorney’s fees for causing unwarranted trouble.
If you are the one who filed a contempt of court against your spouse, determination is needed to see it through. The whole aim is to ensure court order compliance by the offending party.
If you’re yet to file a complaint, let your ex understand that you’re serious and ready to go to court if matters are not resolved satisfactorily. Stay resolute despite them ignoring you and willfully violating the terms laid out by the court. When all other means of getting them to obey fail, it might be time to step up and file that contempt of court, and get things sorted out once and for all.
File a Contempt Motion
If things show no sign of improving, normally, your attorney will take over from here, but if you’re not hiring one, then file a contempt motion in the court issuing the order. The court will then schedule a hearing date. You won’t have to do anything else after this. Wait for the court date and get yourself organized to present the case before a judge.
Contempt of court in divorce cases can be adequately dealt with if you take swift action and speak to the right attorney on time. If you would like to file a motion for contempt, you can find help here.
Once you’ve filed a contempt motion, your ex will be served with the papers. An official notification regarding the pending charges will be submitted to the offender, and appropriate paperwork will be issued to all concerned parties to help them prepare for the court hearing.
Ensure Your Presence at the Hearing
The judge will pass verdict after hearing proof of allegations from the side filing contempt and the defending party’s non-compliance reasons. If the judge is satisfied that contempt of court divorce settlement is validated, then a written order will be passed on how best to resolve the issue.
Finally, Don’t Abuse the System to Get Back at Your Ex
Make sure you’re ready to accept the fact that the idea behind filing contempt is not to get the offenders punished but to ensure court order compliance from them. The main aim is to get your ex to respect your rights. Many embittered spouses think they can abuse the system and get their ex punished when they’ve done nothing wrong.
It is against the law to falsely accuse someone, and this may lead to a defamation of character lawsuit if you can’t prove your allegations. This is why you should have strong evidence to support your case when you decide to file a contempt motion.