What to do when ex-spouses do not follow divorce decrees in California
Unfortunately, some ex-spouses fail to comply with the terms of the divorce. Here’s what you need to know about enforcing divorce decrees in California.
Divorce decrees are court orders that outline the divorcing spouses’ responsibilities after separation. This order has the force of law behind it, but that does not mean that the provisions of divorce decrees are always followed. If speaking to the violating party does not fix the issue, an ex-spouse may then want to file a motion for contempt or enforcement.
What is a divorce decree in California?
In California family law, a divorce decree is a court order that formally ends a marriage. The decree is the final product of the deliberation during the divorce process and includes the terms of the divorce. It serves as the court’s final judgment regarding the divorce case, regardless of whether or not the parties settled out of court or went to trial.
Related: Marital Settlement Agreement vs. Divorce Decree
Each of the following is generally addressed in divorce decrees:
- Property division
- Debt division
- Spousal support
- Child support
- Child custody
Provisions included in divorce decrees must be followed by both parties due to the fact that the divorce decree is a court order. However, that does not mean that the provisions are always followed. Some ex-spouses may either accidentally or willfully disobey the provisions of a divorce decree.
Reaching out to the ex-spouse
If an ex-spouse is not following the provisions of a divorce decree such as by failing to sign over property as agreed to in the divorce decree, a first step that the harmed party may take is to reach out and remind their ex-spouse of their responsibility. Furthermore, the harmed party may remind them that the divorce decree is a court order and that failure to follow the order may result in both parties heading back to court. A reminder such as this may be enough to remedy the situation (because nobody wants to go back to court after a long divorce process), but in other cases, it may be insufficient.
Contempt of court in divorce
If an ex-spouse is willfully violating the provisions of a divorce decree, a more powerful remedy is to file a motion for contempt of court. Essentially, a person may be held in contempt of court post-divorce if they are found to be willfully violating court orders associated with the divorce. Contempt of court proceedings are criminal in nature, and so if a party is found to be in contempt of court, they may face jail time, fines, and/or community service if they do not remedy the situation within a specified amount of time.
When filing for contempt of court in California, the burden of proof is on the citee. This means that the harmed party must collect evidence regarding the infraction in order to prove in court that the other party did in fact willfully violate the divorce decree. For example, if a party fails to provide spousal support, then financial records could serve as evidence to prove that the party should be held in contempt.
With the evidence collected, the harmed party must then fill out the following:
- Form FL-410 (Order to Show Cause and Affidavit for Contempt)
- The required information includes the type of order violated, when the violation occurred, and how it was violated.
- Form FL-411 (Affidavit of Facts Constituting Contempt: Financial and Injunctive Orders) OR Form FL-412 (Affidavit of Facts Constituting Contempt: Domestic Violence/Custody and Visitation) depending on the particular infraction.
Then, the party must file the forms in order to initiate the contempt proceedings.
Related: Order to Show Cause Hearing in California (Family Law)
This process is very serious and can become incredibly complicated, especially when considering the high burden of proof associated with contempt cases. If you are in need of legal assistance, contact Her Lawyer to be put in touch with an expert divorce attorney who will assist you through this process.
Other options for enforcement
Depending on the particular infraction, there are other methods of enforcement. For example, if a party is refusing to pay spousal support, then the harmed party can request wage garnishment. This means that the obligor’s employer would take money out of the obligor’s paycheck and send it directly to their ex-spouse. Or, the party may file for an enforcement motion with the court or request that their ex-spouse’s account be levied. Contact Her Lawyer to discuss with an expert divorce lawyer which method of enforcement is right for your situation.
FAQs about enforcing California divorce decrees
What is a divorce decree?
A divorce decree is a final judgment in a divorce case that formally dissolves the marriage. It includes information regarding the divorce agreements, such as spousal support and child support. It is an enforceable court order.
Do divorce decree provisions have to be followed?
Unless the orders are modified, such as to reduce spousal support or alter the child custody arrangement, then the provisions of the decree must be followed.
What should I do if my ex-spouse does not follow the divorce terms?
You may remind them of their legal obligations, or you may file a motion to hold them in contempt of court. If you are unsure about what path to follow or how to file a motion for contempt of court, contact Her Lawyer to be put in touch with a divorce attorney experienced in enforcing California divorce decrees.
Should I file for contempt of court?
This is a very serious and complicated process. The ex-spouse must be willfully violating the order, and you must have evidence that proves beyond a reasonable doubt that they willfully did so. If you are unsure or require assistance, it is always recommended to speak with an attorney before proceeding.
Are there options other than filing for contempt of court?
Yes, there are other enforcement mechanisms available to you depending on the situation. You may file a motion for enforcement, or if your ex-spouse is failing to pay alimony or child support, you may ask the court for wage garnishment. There are other methods as well, so contact an attorney if you are unsure of which path to follow in your particular situation.
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If you or a loved one need legal representation in enforcing your California divorce decree, contact Her Lawyer. Get your free consultation with one of our experienced Divorce Attorneys today!