According to at least one court, the “private law of your divorce” is the divorce decree. These guidelines that you and your ex-spouse have agreed upon (or a judge has determined) will control every aspect of your interactions moving forward. Your divorce order details how much time each of you spends with the children, who gets to keep what property, and who will pay the child support and for how long.
However, just because the guidelines are clear does not guarantee that they will be adhered to. A Sandy divorce attorney can help if you need help with your divorce proceedings. If your ex-spouse is not abiding by the terms of your divorce, follow these steps.
Should I or Should I Not Sue?
The court offers a variety of remedies depending on the type of decree violation. If you have to raise children with your ex, you may not want to risk further deteriorating your connection with them by going back to court, which can be time-consuming, expensive, and difficult. Ideally, you want your ex to abide by the terms of your divorce judgment, not for the court to penalize him or her. Even if judicial action is occasionally required, resolving disputes out of court may be preferable first. Saving money and fostering a good working relationship are aided by finding the least divisive solutions to issues.
Records, Records, Records
The discrete incidents that make up your interactions with your ex might eventually converge into a single, overarching perception.
Regrettably, even if those claims are accurate, they will not impact the court much. Judges in family law spend their days listening to individuals complain about how terrible their partners or ex-partners are. They could even feel sympathy but cannot offer assistance based on generalizations. You must be able to demonstrate in court or testimony how your ex violated the terms of your divorce and what steps you took as a result.
Consult an Attorney
It will also be helpful for your lawyer to counsel you if you keep track of your ex’s conduct and your attempts to assist them in obeying court orders. As family law professionals, we have a tendency to empathize with our clients. However, we also understand that they rely on us for sound legal counsel, not simply compassion. When you provide your lawyer with precise information about how your ex has disobeyed your divorce decree, she may assess what a court is likely to do based on the information and take appropriate action.