What Happens If One Party Violates the Divorce Decree?

A divorce decree is legally binding on both parties after a divorce. You have to follow it, or there are potentially serious consequences. If your former spouse is not complying with court orders, or if you face accusations that you failed to follow the decree, you need legal representation. The same is true if circumstances have changed, and the decree no longer makes sense. You could request a modification of the decree to avoid violations in the first place. 

At RPM Law, our Maryland family law attorneys help you understand the potential penalties a person faces if they violate the divorce decree. We can also help with modifications and contempt actions related to these issues. Let us know how we can help. 

What Is a Divorce Decree?

The divorce decree is the court’s final order after your divorce is concluded. It includes any of your agreed-upon terms. It will also include any court-ordered terms if you could not reach an agreement.

Both parties have to follow the decree. Do not be confused, a divorce decree is a type of court order. Failing to follow every order could have potentially serious consequences. 

Common Types of Divorce Decree Violations

Violations can take many forms, depending on the terms of the decree. Some of the most frequent include:

• Failure to pay child support 
• Not paying spousal support
• Ignoring custody rights
• Interfering with visitation schedules
• Refusing to transfer property or assets
• Failing to comply with debt division or financial responsibilities
• Interfering with parental rights

Legal Consequences of Violating a Divorce Decree

If someone violates the decree, the court could take multiple steps to enforce its order:

• Contempt of Court: The party who violates the order could be held in contempt. This is an order that requires the violator to fix the problem, or face punishment. That could include financial penalties or even jail time. 
• Modification of Orders: If the violations continue, the court could also modify its orders to protect the party suffering the non-compliance. 
• Financial Penalties: The court would likely order the violating party to pay what they are supposed to. They will also likely pay for damages and the other party’s attorney fees. 
• Loss of Privileges: When it comes to child custody, repeated violations could impact the other parent’s parental rights.

Steps to Take If Your Ex Violates the Divorce Decree

If the other party refuses to follow the court orders, there are multiple steps you can take:

1. Document the Violation
   • Keep records of missed payments, denied visitation, or other breaches.
   • Save texts, emails, or other communications that show non-compliance.
2. Attempt Resolution
   • Sometimes, violations may be accidental or unavoidable because of new circumstances since the divorce.
   • Talking through it with the help of your lawyer or a mediator may help resolve things without the need for further court involvement. 
3. File a Motion for Enforcement
   • If you can’t settle the case together, you may need to file a motion for contempt to enforce the order. 

How to Prevent Future Violations of Your Divorce Decree

You can’t stop every violation, but there are some steps you can take now to help prevent future problems. First, clearly communicate with your former spouse and each attorney. Know what the obligations are and how you plan to follow them.

Second, use a skilled attorney that drafts a clear agreement, or who can help you understand the court’s orders. Lastly, consider mediation and other negotiation tactics for minor disptues.

Why Legal Representation Matters

Navigating decree violations can be complex. An experienced family law attorney can:

• File enforcement motions on your behalf
• Represent you in contempt proceedings
• Protect your financial and parental rights
• Ensure compliance with court orders

Legal representation is especially important when violations are repeated or involve child custody.

Get Help with Contempt and Enforcement Actions for Your Divorce Decree

Courts take violations of their orders very seriously. This is often especially true in divorce cases, because it can affect the rights of individuals and their children. There are serious penalties for violating divorce decrees in Maryland. With the right representation at your side, you can protect your legal rights and get help with the legal process. 

Our team at RPM Law is highly experienced and ready to help with divorce decree enforcement issues. Contact us today for a consultation.