What happens if a divorce decree is not followed?

What happens if a divorce decree is not followed?

Respond to the violation of the terms of the divorce decree by filing a motion for contempt of court. Filing a motion for contempt of court may also be done through an attorney. The motion indicates which parts of the divorce decree were violated and the reason the ex-spouse should be held in contempt of court.

How long do you have to amend a divorce decree?

Once the divorce decree is signed, you have the right to file an appeal the terms of the divorce or a motion to modify certain specific terms. An appeal must be filed within thirty days of the original judgment. Modifications can be requested at any time after the divorce is finalized.

Can you start divorce proceedings before 2 years?

A frequent question we are asked is “Do I have to wait two years before I can get divorced”. Mark Chapman, Head of Family Law replies: The straightforward answer is no. The only ground for divorce is the irretrievable breakdown of the marriage.

What happens if I can’t refinance after divorce?

If you’re not willing or able to sell or refinance your home, your other choice is to keep the home and the mortgage intact. Both parties remain on the loan and liable for the payment. This requires specific language in the divorce agreement about who will make the mortgage payments each month.

Can my husband take me off our joint account?

Can I do that? Generally, no. In most cases, either state law or the terms of the account provide that you usually cannot remove a person from a joint checking account without that person’s consent, though some banks may offer accounts where they explicitly allow this type of removal.

Is hiding assets in divorce illegal?

Hiding assets in a divorce is illegal Because California is a community property state, there are very few assets that are not split unless they were yours before you were married or you have a prenuptial agreement in place.

Can I get half of my husband’s 401k in a divorce?

Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.