One of the most frustrating situations after a divorce is when your former spouse simply refuses to follow the court’s orders. Whether it’s parenting time, property division, or another provision of your divorce decree, you may be wondering what you can do to make them comply.
The good news is that you do have options.
What Happens When a Divorce Decree Is Not Followed?
When a divorce decree is not followed, you have the right to take legal enforcement action through the court. First, review the order to confirm a clear violation and gather supporting evidence of non-compliance. Then, consult a family law attorney to determine the correct type of enforcement action to file before going back to court.
Determine Exactly What Is Being Violated
The first step is to identify exactly what your former spouse is not doing.
Review your divorce decree or court order carefully and determine:
- What does the order actually require?
- Is your former spouse clearly violating that order?
- Do you have evidence of the violation?
It’s important not to assume someone is violating an order simply because you disagree with what they’re doing. The language of the order matters.
Develop a Plan Before Going to Court
Once you’ve identified the violation, the next step is to develop a strategy for enforcing the order.
In many cases, I recommend meeting with an experienced family law attorney before filing anything with the court.
An attorney can help determine:
- Whether the conduct actually violates the court’s order.
- Whether you’re still within any applicable deadlines.
- What type of enforcement action is appropriate.
- What evidence you’ll need to present.
You don’t want to rush into court and file something that lacks legal support or sufficient evidence.
What If I Disagree With the Judge’s Custody Decision?
Sometimes the issue isn’t that your former spouse is violating the order; it’s that you believe the judge made the wrong decision.
If you’re dealing with temporary orders during the case, talk with your attorney about what steps you can take to strengthen your position as your case moves forward.
If the judge has already entered a final ruling after trial, discuss your post-trial options. Depending on your circumstances, those options may include asking the judge to reconsider the ruling or pursuing an appeal.
The appropriate course of action depends on where you are in the legal process.
Key Takeaways: My Ex Is Ignoring Our Divorce Agreement
- Review the court order carefully before taking action.
- Gather evidence showing how the order has been violated.
- Speak with an attorney before filing an enforcement action.
- If you disagree with a court ruling, there may still be legal options available.
Talk to an Arizona Divorce Attorney
Whether your former spouse is violating a court order or you believe the court reached the wrong decision, it’s important to understand your legal options before taking your next step. An experienced Arizona family law attorney can help you determine the best path forward.