A divorce decree would be rendered useless if the issuing court lost jurisdiction to enforce it. If you feel that your ex-spouse has violated one of the terms set forth in the Final Decree of Divorce, you can enforce that provision by using the issuing court’s CONTEMPT powers. If a party violates the order or unilaterally changes the terms of the agreement he/she is in “contempt of court.”
The process of enforcing the Final Decree of Divorce is initiated with the filing of a motion for contempt. The motion must specifically state which provisions of the Final Decree of Divorce have been violated and why the ex-spouse should be held in contempt. The burden of proof in a contempt of court hearing rests with the person filing the action. Thoroughly discuss with your divorce attorney the circumstances and evidence you are prepared to use in a contempt hearing. Your attorney will be experienced in the different quantum of proof required to prove contempt in Child Support, Child Custody, Property Distribution and/or Visitation.
If you prove that your ex-spouse is in violation of the court order, then the offending party may be imprisoned for as long as the contempt continues. Most judges will give them the chance to immediately comply with the aspect they are in violation of. If they can’t or don’t comply a judge will order them jailed until they do. The judge will write an order holding your ex-spouse in contempt and specifying how they can purge themselves of the contempt. The judge may order them to immediately comply or give them a certain amount of time to comply.
Jamie L. Anderson dedicates her practice to representing families through the changes of a divorce or dissolution. She has made herself one of Greene County’s most prominent matrimonial attorneys and will use her experience to secure your family, your finances and your future. Contact Jamie L. Anderson at (937) 879-9542 or visit www.OhioDivorceAttorney.com to learn more.