Franklin Enforcement & Contempt Attorney
In an ideal world, a divorce would go smoothly. Both parties would decide to amicably split, without any badmouthing or games.
A smooth divorce, however, is pretty much a fantasy. Emotions get the best of us in a divorce. We tend to feel anger and bitterness. Many people seek revenge for being wronged by their spouse.
In some cases, the parties involved in a divorce may fail to follow the laws and procedures involved in a divorce. They may fail to show up for court. They may refuse to split up property as previously ordered.
When these situations occur, you need to let your lawyer know, There are options available to get the other party to comply. These legal actions are called motions, and if the other spouse does not comply, they can face serious penalties. Call the Franklin enforcement & contempt attorney at Beal, Nations & Cructher today.
Motion to Enforce
A motion to enforce is used when you want a former spouse to comply with court orders relating to the divorce. This could involve elements such as equitable distribution, child custody, and child support. This noncompliance could involve failure to pay child support or failure to distribute account funds. A motion to enforce is meant to coerce the spouse to comply with the order, but penalties are not typically involved.
Motion for Contempt
While you would file a motion for enforcement when you want to ask the court to seek compliance with a court order or agreement, a motion for contempt is used when there is evidence of willful disobedience of a court order. For example, in cases involving financial matters, such as child support and alimony, you can file a motion for contempt. Contempt is a crime that is enforced by the court. If your spouse is found in contempt, they can be punished by jail time and reimbursement for any court and attorney fees, as well as any other penalties permitted under law.
Criminal contempt must be proven beyond a reasonable doubt. It is not enough to say that your spouse did not follow an order. Two things must be proven:
- The failure to follow the court order was willful.
- The defendant had the ability to comply with the court order but chose not to do so.
A person who engages in criminal contempt can be fined and/or placed in jail. The maximum sentence is a $50 fine and 10 days in prison. Each violation is a separate crime, which means that a person can face consecutive sentences.
Contact Us Today
When the other spouse does not want to comply with your divorce order, there are motions available to help diffuse tough situations and get you out of the marriage with less drama.
If your spouse fails to abide by your divorce agreement, the law firm of Beal, Nations & Crutcher can help you file the appropriate motion. We can assist you with all other divorce matters as well. To schedule a consultation, call our office at (615) 861-2304.