Once your divorce is finalized, the terms of your separation are memorialized in a written agreement. If your spouse violates the terms of your divorce agreement, it is important that you take action to ensure your rights are protected. Work with a York County, PA divorce attorney to discuss your situation and obtain representation.
What is a Divorce Agreement?
Once a marriage is officially terminated, a divorce agreement is created. This document outlines the terms of various issues related to the separation of the two individuals’ lives. Within the divorce agreement will be the agreed-upon rules regarding the following and more.
- Property distribution: The document will establish what assets each spouse is entitled to, as well as who is responsible for varying liabilities and debts.
- Child custody: In the agreement, it will state the custody agreement including who is the custodial parent, what shared custody will look like, schedules, parenting time, etc.
- Child support: The document will also establish which parent is required to provide financial support for the child, the monthly amount, how it will be paid, etc.
- Spousal support: The agreement can also outline if either spouse is required to pay alimony to the other, the amount, how it will be paid, the duration of the obligation, and more
Divorce agreements are court-ordered and legally enforceable. Violating any terms can result in severe consequences.
What Can I Do if My Spouse Violates the Divorce Agreement?
If your spouse violates the divorce agreement in any way it is imperative that you take the necessary steps to ensure your rights are protected and the terms are enforced.
Your first action should be to document all incidents and occurrences of your ex failing to abide by the terms of the agreement. They may miss child or spousal support payments, refuse to allow you access to your child when it is your turn, refuse to give up an asset that was given to you during the divorce, etc. Keep records of all of these occurrences including dates and times, text messages or other communications, and any relevant evidence.
Before taking legal action, reach out to your former spouse. You may be able to resolve the issue without intervention from the court. Bring the violations to their attention, try to understand the situation, and request that they honor the agreement.
If they are uncooperative and you cannot rectify the situation on your own, reach out to a skilled attorney. Your lawyer will understand your rights and legal options to ensure your ex abides by the divorce agreement.
With the help of your attorney, petition the court for enforcement. Once the situation is brought to the court’s attention, they can take action to force your former spouse to honor the agreement. They can garnish their wages, seize property, impose fines, and more. Your ex could even be found in contempt of court which carries a variety of penalties including potential jail time.
If your spouse refuses to abide by the terms of your agreement, speak with a skilled attorney for legal advice and representation today.
