Business Divorce Attorneys in San Luis Obispo, CA
In most divorce settlements in California, the court enters an order that encloses the contents of the settlement agreement and turns it into a legally binding judgment. What happens if the other side breaks the divorce settlement agreement? The response relies on the court’s order.
For a divorce settlement agreement to be integrated into the final divorce judgment, a move to enforce any section of that order must be presented in writing to the divorce court. The sort of remedy relies on the other party’s violation. If a party fails to pay child support or alimony, the court will issue an order requiring them to pay or risk being held in contempt of court.
If the divorce agreement is not integrated into the divorce decision, it is considered a civil contract. In this case, the aggrieved party must ask the court for an order enforcing the agreement’s provisions. If the court finds a breach or omission, it might impose whatever remedies it considers appropriate.
Enforcing a divorce agreement may be difficult when vast sums of money or assets are at stake. Those who think the other party has broken a divorce settlement agreement should contact a divorce lawyer for guidance on appropriate remedies, court processes, and the possibility of a fair decision.
Choosing an experienced enforcing divorce decree attorney for your family may be the best thing you can do. Our 805 Law Group divorce attorneys may help you with your legal representation in this kind of law matter.
What Is a CA Divorce Decree?
A divorce decree in California terminates a marriage legally. The decree contains the conditions of the divorce and is the result of the divorce proceedings. The court’s ultimate divorce decision is whether the parties settled out of court or went to trial.
Divorce decrees often address the following:
Because a divorce decree is a court order, both parties must comply with its provisions. But it doesn’t imply the rules are always followed.
What Are the Other Enforcement Options?
You may use other enforcement tactics depending on the offense. If a spouse refuses to pay spousal support, the affected spouse may seek income garnishment. The obligor’s company would deduct money from their paycheck and send it to their ex-spouse. Or, the parties might ask the court to levy their ex-account spouse. Contact 805 Law Group to explore the best enforcement option for your circumstance.
Is It Possible to File a Motion To Enforce a Settlement?
As many former litigants know, nothing is more irritating than settling only to have to go back to court because the other party broke the settlement agreement’s provisions. For example, certain actions might set family members against one another in probate litigation, leading to renewed litigation and significant emotional pain.
How can one ensure that the other party is held responsible for breaking the settlement agreement without spending a lot of money in such a situation? There are two critical remedies for breaching a settlement agreement, and they are:
Filing A New Lawsuit
If the opposing party fails to comply under the settlement conditions, one alternative is to launch a new lawsuit for breach of contract. This approach is not ideal since it will inevitably result in increased costs and delays for the plaintiff. A new case would send them back to page one, and they would have to start again.
Motion to Enforce Settlement Agreement under CCP 664.6
If filing a new lawsuit does not appeal to you, the Code of Civil Procedure (CCP) 664.6 provides for “entry of judgment according to terms of stipulation for settlement.”
In CCP 664.6, a party may ask the court to maintain jurisdiction over the matter until the settlement terms are finalized. The settlement agreement provisions may also be enforced by filing a petition requesting the court enter judgment against the party that broke the agreement. Motions to enforce settlements may significantly speed up the process by avoiding new litigation.
Do Ex-spouses in California Have to Respect Divorce Decrees?
Disobedience to the divorce decree is unfortunately common. Divorce decrees are court decisions outlining the divorced couples’ duties. However, just because a divorce decree is legally binding does not imply that it is always obeyed.
An ex-spouse may file a request for contempt or enforcement if speaking to the offending party does not resolve the matter.
What Is the Ex-spouse Responsibility in the Divorce Decree?
Reminding an ex-spouse of their responsibilities is one decree to enforce a divorce order’s terms. They may also be reminded that the divorce decree is a court order and that failure to comply may result in both parties returning to court. This reminder may be adequate in certain circumstances (nobody wants to go back to court after a lengthy divorce procedure), but not in others.
What Is Divorce Contempt?
A petition for contempt of court may be filed if an ex-spouse knowingly violates the terms of a divorce decree. People may be placed in contempt of court after a divorce if they deliberately violate court directives. They may be condemned to prison time, fines, and community service if they do not rectify the matter within a specific time frame, those convicted in contempt of court risk criminal charges.
The citee has the burden of evidence when suing for contempt of court in California. The affected party must gather evidence to show in court that the other party willfully disregarded the divorce decree. Financial data, for example, might be used to display a party’s contempt by indicating a party’s inability to pay spousal support.
The aggrieved party must next fill out the following:
- Form FL-410 or Order to Show Cause and Affidavit for Contempt;
- The information necessary includes the order violated, when it happened, and how it occurred; and
- Use Form FL-411 (Financial and Injunctive Orders) or FL-412 (Domestic Violence/Custody and Visitation), depending on the offense.
This procedure is severe and demanding, mainly when the bar of evidence is high in contempt trials. If you need legal help, call 805 Law Group to be connected with a skilled divorce lawyer in San Luis Obispo, CA.
How To Complete and File an Enforcement Motion for a Divorce Decree?
The first step is to fill out the forms completely and send them to the Clerk of Courts in your county; this typically has a charge.
A motion is a request for the requirements of your divorce decree to be enforced. If your ex-spouse opposes, the court will then set a date for a hearing that you must attend and be prepared to respond to the questions posed by the judge.
Divorce decrees are court orders that both parties must follow. A family law attorney in your city or state may help make an unfamiliar process a bit easier.
Enforcing Divorce Decree Attorneys in San Luis Obispo, CA
Our San Luis Obispo divorce attorneys at 805 Law Group have vast expertise in California enforcing divorce disputes and decrees. Our whole team is dedicated to supporting families in this complex area of law. Get a free introductory consultation for filing a motion to enforce your divorce decree.
We use common sense and try to avoid costly litigation. But if necessary, our divorce lawyers are ready to litigate and go to trial. Strong litigators keep clients out of family court, but we are skilled and enjoy the courtroom if the trial is required. Call our San Luis Obispo family law attorneys at 805-420 7547 immediately for legal assistance.