What Should You Bring to Your Family Law Consultation?
Once a divorce agreement is finalized, it’s crucial to understand that it isn’t just a piece of paper or a casual deal that you can choose to ignore. The reality is that it functions as a legally binding contract, meaning both you and your former spouse are legally obligated to adhere to every term. If your ex fails to follow the terms of your divorce agreement, you may have legal options to enforce your rights. Please continue reading to learn what you can do if your ex violates your divorce agreement in New Jersey and how a skilled Mercer County Divorce Attorney can help you navigate your options.
What is a Divorce Agreement?
In New Jersey, a divorce agreement is commonly referred to as a Marital Settlement Agreement (MSA). This judicial mandate outlines your rights and responsibilities after the marriage ends. Depending on the unique circumstances, the agreement may address the following issues:
- Property and debt division
- Child custody and visitation
- Child and spousal support
- Other financial or family-related matters
After the judge signs off on everything, your MSA is incorporated into the Final Judgment of Divorce. This turns it into a mandatory court order that can be legally enforced if someone stops following it.
What Happens If Your Ex Doesn’t Follow the Agreement?
When your ex decides to ignore your divorce terms, the violation can play out in several different ways. In some cases, it’s a flat-out refusal to do what they are supposed to do, while in others, it’s a frustrating pattern of excuses that slowly turns your routine upside down. Most of the time, these violations include:
- Failing to pay child support or alimony
- Refusing to comply with the parenting time schedule
- Refusing to hand over assets
- Ignoring shared liabilities
- Disregarding specific obligations contained in the agreement
The best course of action depends on the specific terms your ex is violating and the exact words of your original decree. For minor slip-ups, having your attorney draft a formal warning letter is usually enough to scare them into complying. However, if you are dealing with flat-out defiance, you must seek court intervention.
Can the Court Enforce a Divorce Agreement?
If your ex refuses to follow your final divorce decree, you are entitled to file a motion to enforce the terms. New Jersey courts don’t take violations of their orders lightly, and they have a broad range of powers to ensure your ex does what they are supposed to do. Depending on the circumstances, a judge can:
- Order compliance with the agreement
- Mandate that they pay all overdue alimony or child support
- Grant financial relief or order your ex to pay your legal fees
- Suspend their driver’s license or put a lien on their property
- Address continued violations through enforcement proceedings
The court will evaluate the facts of your case before deciding how to make things right.
Contact Our Mercer County Divorce Attorneys Today
If your ex has violated your divorce agreement, it’s in your best interest to connect with an attorney at The Law Offices of Rachel S. Cotrino, LLC. Our dedicated attorneys are ready to help you seek enforcement of your rights. Connect with our firm today to schedule a confidential consultation.
