Sadly, not every divorce decree or property settlement agreement is honored. If your ex-spouse consistently fails to comply with the divorce property settlement or order, you may wonder what options exist for you. The marriage dissolution and post-divorce laws of all states include provisions designed to assist you in collecting what is due to you through a divorce property settlement or order, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
Step 1
Obtain a motion to enforce form from the clerk of the court where you pursued your divorce case. Court clerks typically maintain a selection of forms commonly used in divorce and post-divorce matters, including motion to enforce forms.
Step 2
Complete the motion to enforce form, which has step-by-step instructions. Specify the manner in which your ex-spouse fails to comply with the standing property settlement agreement or order. Either list the specific financial matters at issue in the motion itself or attach these items as an appendix to the motion. For example, if your ex-spouse failed to surrender certain pieces of property, list those items in the motion or in the appendix.
Step 3
File the motion to enforce with the clerk of the court.
Step 4
Obtain a hearing date, either from the clerk's office or from the administrative assistant to the judge assigned your case.
Step 5
Send a copy of the motion to enforce to your ex-spouse. Delivery by certified mail is unnecessary. The standard motion form provided by a court clerk contains a verification at the bottom that you sign, a statement that confirms you mailed the document to the other party.
Step 6
Notify your ex-spouse of the date and time of the hearing if the clerk's office does not do this. The clerk will tell you whether you must notify the other party and will provide a notice form.
Step 7
Appear at the hearing and present evidence supporting your contention that your ex-spouse failed to comply with the property settlement agreement or order. Provided you convince the court of the other party's failure to comply, the judge issues an order directing your ex-spouse to honor the prior agreement or order immediately.
Tips and Warnings
- Because of the complexity of post-divorce matters, consider hiring a lawyer to represent you in a motion to enforce proceeding. The American Bar Association maintains resources that can help you find an experienced attorney.
Things You'll Need
- Motion to enforce
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
- American Bar Association: Section of Family Law
