As grueling as it can be, the divorce process eventually culminates in a divorce agreement, which sums up the terms you and your spouse have agreed to with regard to dissolving your marriage and what happens after. Your divorce agreement is legally binding, and should your ex fail to comply with it, they will have breached your contract, for which there are legal consequences. However, for your ex to become subject to legal consequences, you must first go about enforcing your agreement. Here’s how.
Consult an Alabama family law attorney.
When an ex-spouse fails to follow their divorce agreement, the person with whom they have contracted (you) suffers damage. Your ex may not, for example, have provided the child support or alimony they are obligated to, causing you economic harm. They may not be honoring their custody schedule, forcing you to miss work or, alternatively, causing you to miss out on parenting parenting time.
Whatever the situation, you should consult an Alabama family law attorney immediately to enforce your rights under the agreement. Below are some of the suggestions they may give you.
Review your divorce agreement.
It may have been a while since you looked at your divorce agreement. So, if you suspect that your ex has violated its terms, the time has come to review it. Though you may have a general idea of what your divorce agreement states, you will want to know what term your ex has violated and how. An Alabama family law attorney can help pinpoint the violation and advise you on how to proceed from this point.
Document the violations.
An Alabama family law attorney will likely ask you to reconstruct a timeline of when the violation(s) occurred. The importance of keeping detailed records cannot be emphasized enough.
Even if you didn’t document precisely when your ex violated your agreement prior, you can begin keeping detailed records now. Information worth recording includes missed payments, all communication between you and your ex, the names of witnesses present for any violations, and more.
As a rule of thumb, if you think information may be helpful, it probably will be, so write it down. Keep all records organized and safe, particularly where your ex cannot access them.
Communicate with your ex calmly and respectfully.
If you and your ex are on relatively good terms, your Alabama family law attorney might suggest you talk to your ex informally before using them as a mouthpiece. Again, be sure to document the time and date of any conversations with your ex along with the subject, tone, and outcome of each interaction.
Though you may be angry at your ex, do your best to communicate calmly and respectfully with them. Not only do you not want to incite them further, but you also don’t want your conduct held against you later by a judge should the matter escalate.
Attend mediation to resolve your dispute.
If your ex doesn’t take your conversation seriously, tries to bully you, or is combative or abusive, your lawyer may suggest that you both attend mediation to resolve your dispute. Mediation happens outside a courtroom and won’t be legally binding unless you and your ex agree at the end of discussions to enter into an agreement making it so.
Both you and your ex can attend the mediation sessions with individual counsel. At the mediation, which can occur over several meetings, the issues at stake are fleshed out in front of a trained mediator, who is sometimes a lawyer or former judge.
During talks, you and your ex, seated in the same room, will each take turns speaking. The mediator will respond accordingly with suggestions. The mediator may also decide to talk to each of you privately outside of the mediation room in a further attempt to bring you and your ex closer to a resolution. Should mediation not result in an agreement, you may have to seek judicial intervention.
Take your ex to court.
You always have the option to take your ex to court if they refuse to follow your divorce agreement, which your Alabama divorce attorney can do by citing your ex with contempt. When you take a matter to court, the judge will hear your case and rule on it afterward.
There are various possible outcomes resulting from a contempt hearing. A judge may force your ex to comply with the agreement, impose fines on them, garnish their wages, seize their assets, or send them to jail. Alternatively, the judge may rule in your ex’s favor. When you go to court, it’s a risk you take.
Prevent future issues.
Going to court is nothing anyone should take lightly; it costs more money than mediation and can result in severe consequences. That said, an ex who hasn’t complied with their agreement once may do it again. Therefore, you may want to think about how you can prevent future issues.
Despite not being able to control someone else’s behavior, there are ways to create an environment in which it will be easier and, therefore, more likely your ex will comply with the divorce agreement.
If you’re first embarking on the divorce process, it’s best to make sure your divorce agreement is unambiguous from the start so that it’s easy to follow. An experienced Alabama divorce lawyer will be able to do this for you. In the same vein, any agreements you make following your divorce should also be easy to understand.
It’s also helpful to keep your divorce agreement close at hand should you need to refer to it. Regular reviews can also keep you on the lookout for any changes in circumstances that might affect your or your ex’s compliance.
Engage in open communication with your ex as much as possible. However, be prepared to call on your Alabama divorce lawyer for support if issues with compliance arise again.
Find an Alabama family law attorney to enforce your divorce agreement.
Dealing with an ex who isn’t complying with your divorce agreement can be incredibly frustrating. More than that, an ex’s non-compliance can interfere with the life you and your children are leading post-divorce. Whether you would like to resolve your dispute amicably, use mediation, or go to court, an Alabama family law attorney can be of service.
At Summit Family Law, our skilled team of Alabama divorce attorneys have experience not only in drafting divorce agreements but also in enforcing them post-divorce. With offices located in Birmingham and Huntsville, we are here to support you in your objectives. Call us today or schedule a consultation.
