What happens if someone violates a divorce decree?
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What happens if someone violates a divorce decree?
If your ex-spouse violates any aspect of the final decree of divorce, you can file a motion for contempt of court. You can do this as a pro-se litigant or through your attorney. A copy of the contempt motion has to be served upon your ex-spouse. If you have an attorney, he/she will take care of serving your ex.
How do I file a motion to enforce a divorce decree?
Complete and file a motion to enforce your divorce decree. Expect to pay a filing fee when you do so. When you file a motion with the court, you are asking the judge to enforce the terms of your divorce decree. Your ex-spouse may respond to your motion. The court will then set a date for a hearing.
Can I reopen my divorce settlement?
It is possible to reopen a divorce financial settlement, but extremely rare. However, a precedent set during the case of Barder vs Barder (1987) means that a court may allow a financial settlement to be reopened if something later happens that alters the principle on which the original consent order was made.
How long do you have to appeal a divorce settlement?
Appeals. An appeal of a Family Court decision must be made within 28 days of the order being made. If a party wants to appeal a decision, they must file a Notice to Appeal and a copy of the order accompanied by the filing fee.
