what to do if your ex lawyer will not sign the court order

What to do if your ex violates a court order?

Oct 14, 2019 · The first step is to file a contempt motion. You can do this with help from your family law attorney. There may be several ways that a person might be in contempt of the court order. The most common way that a person disobeys a court …

What to do if your ex spouse refuses to sign quit claim?

Apr 15, 2020 · The court can take action anywhere from correcting the problem to sanctioning the wrongdoer with fines and even jail. If you feel you are in a situation where someone is refusing to follow an order of court contact my office to discuss your available remedies. A motion for contempt may be necessary to enforce the order. Related Post navigation

What can I do if my ex won't sign the deed?

Jun 26, 2012 · If your ex-spouse fails to comply with court orders, this will need to be brought to the attention of a family law attorney. For example, if your ex-spouse does not pay child support, refuses to give visitation as ordered, or violates an order, there are a number of steps we can take to try force compliance. Option #1: Filing for contempt

What happens if my ex-spouse fails to comply with a court order?

Motion for Contempt. In most jurisdictions, the central mechanism to hold a party responsible for not complying with a court order is to file a motion for contempt. Contempt is usually defined as willfully disobeying the order of the court when the violating spouse has the capacity to comply with the court’s order.

What to do if your ex won't sign a quit claim deed?

If your former spouse won't sign a quit claim deed for property awarded to you, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court ordered quit claim deed. Generally, the judge will have two ways of doing this: Find your ex-spouse in contempt of court, and sentence him or her to jail ...

How to file a quit claim deed?

You can expect one of three possible outcomes on the way to filing the quit claim deed: 1 Your spouse signs the deed. At which point you'll need to file it with the appropriate agency (most often the county clerk or property recorder). 2 The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it. 3 Your ex-spouse refuses to sign the deed even under a contempt finding and the court issues a court order for the transfer of the property. This order can then be filed with the appropriate agency instead of a quit claim deed.

Can a divorce decree require a quit claim deed?

Your divorce judgment or settlement agreement may or may not specifically order your former spouse to execute a quit claim deed. It may include a general statement to the effect that each party is required to take any and all actions necessary to carry out the division of property, which covers quit claim deeds for real estate.

Who signs the deed to a house?

Your spouse signs the deed. At which point you'll need to file it with the appropriate agency (most often the county clerk or property recorder). The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it.

Is divorce easy?

Divorce by nature is rarely easy. But when a fairly polite and civil uncontested divorce becomes contested, things can get exponentially worse. Here are some options to consider when the going gets tougher.

Can you bring a quit claim deed to court?

Be sure to bring the unsigned quit claim deed to court with you. At the hearing, the judge will need to find that: You were awarded the property in the divorce judgment; Your spouse has been presented with a quit claim deed to transfer the property to you; and. Your spouse has not signed the deed. The judge will probably order your ex-spouse ...

What to do if your ex is not able to comply with court order?

Affirmative Defense. If your ex is unable to comply with the court order, an “ affirmative defense ” may be presented in court. Whatever the violation may be, your spouse will need to demonstrate that he/she was not able to comply.

What happens if you violate a court order?

The violation of a court order can happen at any time during or after the divorce proceedings. In most cases, infractions include failure to pay child support or alimony, failure to comply with visitation agreements or failure to distribute assets as outlined in the divorce agreement. If your ex willfully or intentionally fails to comply ...

How to prove contempt of court?

In order for your ex to be found in contempt, you must prove that he/she: 1 Knew of the court order, 2 Could comply with the court order, but violated the conditions intentionally, and 3 Lacks a valid cause or justification for violating the order.

What is a court order after divorce?

Court orders issued during or after a divorce are legally binding, meaning both parties are legally obligated to comply with the conditions in the order.

Can police show up at my ex's door?

Unless your ex is significantly behind in child support payments, the police are unlikely to show up at his/her door. It is up to you to inform the court of your ex’s violation of the order, and to petition the court to force your ex to comply.

Is jail time a possibility?

While jail time is a possibly, it is rarely the outcome. Generally, the court is just looking to get the party to comply with the order. The threat of jail time is often enough to get the party to comply with a court order.

What happens if my ex-husband doesn't pay child support?

For example, if your ex-spouse does not pay child support, refuses to give visitation as ordered, or violates an order , there are a number of steps we can take to try force compliance.

Can my ex-husband get divorced?

In some divorces, it may be difficult to get your ex-spouse to comply with the court’s orders. Failure to comply with court orders can be a challenge, and if possible try to work out small differences yourself because that is the cheapest and fastest way to arrive at a resolution. Additionally, always remember to put agreements in writing.

Can you go to jail for a contempt of court?

One possible step would be to ask the court to find your ex-spouse in contempt. Contempt findings can ultimately lead to jail time if the judge believes that your ex-spouse is intentionally refusing to comply with a lawful court order.

What can an attorney attach to a divorce decree?

With the motion, the attorney may attach evidence, such as the original divorce decree and documentation that shows the violations of the court order. This is a written request that states the portion of the decree that is not being followed and for the remedy requested, such as payment for court costs and remedies related to the violation.

What happens if a spouse refuses to comply with a divorce decree?

If a spouse refuses to comply with the instructions included in the court order, there are usually ways to compel the spouse to follow the judge’s instructions.

What is included in a divorce decree?

The divorce decree may include information regarding the couple’s children, such as custody, visitation and child support information . It may also include information about spousal maintenance or how certain marital property should ...

What is contempt of court?

Contempt is usually defined as willfully disobeying the order of the court when the violating spouse has the capacity to comply with the court’s order. In some jurisdictions, this is called a motion to enforce. This is a legal extension from an existing case and usually requires the motion to be filed with the same docket number as the divorce.

Can a non-compliant spouse be sentenced to jail?

The judge may also be able to order the noncompliant spouse to be subject to a new parenting plan or to provide additional time with the children that the moving spouse lost due to the noncompliance. The spouse may be ordered to serve time in jail in some cases.

Can a judge let a non-compliant spouse off?

For the first offense, the judge may let the noncompliant spouse off with a warning. However, the judge usually has the discretion to order sanctions against the noncompliant spouse, such as being required to pay for the moving party’s court costs or attorney’s fees.

Can a spouse enforce a court order?

A spouse may need to enforce a court order if the other spouse is not complying with a material provision of the decree. For example, the other spouse may not be paying spousal support or child support. He or she may not be complying with the visitation schedule or parenting plan, such as by refusing visitation or failing to return the child according to the schedule.

What happens if my ex refuses to give me custody?

It can be a stressful experience if your ex refuses to abide custody orders. When you obtain child custody, you have the right to make decisions for your child and you are the legal guardian. This also gives you certain rights that you can take advantage of if your ex won’t obey the orders. Have your attorney send a letter to your ex.

How to get your ex to follow custody orders?

Have your attorney send a letter to your ex. This is often the first step towards getting your ex to follow child custody orders. Your attorney can write up a forceful letter that informs the other parent that they must obey the court order or be prepared to face serious legal penalties. Sometimes this is all that it takes to wake up a parent ...

What happens after a divorce?

After a divorce, you’ve succeeded in getting custody of your child and you’ve received a court order that details out all the child custody arrangements. However, your ex has consistently refused to follow all the details of the custody orders and you’re getting frustrated.

What happens if my ex is found guilty of child custody?

If your ex is found guilty, she might face fines or sanctions, or even a brief imprisonment. You can also ask for coverage of your attorney’s fees and costs as a penalty for not obeying the child custody order. If you decide to take this route, follow these tips for testifying in court. Call the police.

What to do when your ex breaks custody?

No matter what you decide to do when your ex breaks child custody orders, make sure to write down notes of everything that happened, including her actions and how you reacted. It might be helpful to track the dates and times in a calendar, an electronic document, or a written journal.

Can you retaliate against a child custody order?

Don’t retaliate by breaking the child custody order yourself. Doing this might make you feel better in the short term, but it will only make things worse. This goes for withholding child support or any other action done out of vindictiveness.

What happens if your child's other parent doesn't live up to the terms of the custody agreement?

If they fail to live up to this obligation, you have the legal right to take corrective action. In determining the appropriate action, you first need to assess the nature of the violation.

What are some examples of child custody violations?

Some common examples include: Constantly picking up (or returning) the child late; Failing to stick to the general time sharing schedule; Disrupting your ability to communicate with your child; Unilaterally making important decisions for the child; Alienating you from your child;

What are the violations of child custody?

Disrupting your ability to communicate with your child; Unilaterally making important decisions for the child; Alienating you from your child; Speaking negatively about you to your child; and. Refusing to follow any other terms within the child custody agreement. Clearly, these violations vary widely in their level of severity.

Is a violation a one time mistake?

Additionally, some violations are one-time mistakes, whereas others are intentional and repetitive. You need to assess the nature of your ex’s violation and determine if the issue can be fixed with a simple conversation or if you need to escalate the issue and take legal action.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

Do judges enforce awards?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”.

Is an ex-spouse held accountable for child support?

Their ex-spouse is not held accountable and they and their children are left to struggle due to a system that is supposed to protect them. Below is an example of what happens in the Family Court System when trying to collect child support.

How to enforce a divorce decree?

You can ask the court to enforce the decree by filing a contempt complaint. If it’s part of the final judgment, your spouse will have to answer the complaint. You can also have the court issue an order to have the quitclaim signed by the clerk of court who can sign the document on your spouse’s behalf. Reexamine the divorce decree language.

What happens if you get awarded property in divorce?

If you were awarded any property, your spouse will likely have to sign a quitclaim deed. Following is a guide to understanding what to do if your spouse refuses to sign the quitclaim deed.

What is it called when you remove your spouse from a mortgage?

A lesser-known option is to simply ask the lender to remove your spouse’s name. This is called a release of liability. A mortgage liability release legally removes your spouse from the mortgage. However, not all lenders or mortgage servicers offer this option.

Does a quit claim remove a spouse from a mortgage?

The quitclaim deed doesn't exclude your spouse from responsibility for the mortgage payments. In essence, it’s a joint mortgage and must be handled accordingly (a quitclaim doesn't remove the borrower from the existing mortgage). Nor does the quitclaim remove any existing liens on the property.

Can a quit claim deed be limited?

Unfortunately, even if your spouse is cooperative, the quitclaim deed can be limited, in small or big ways: No warranties or promises.

Is a quit claim deed a grantor?

As far as the legal language is concerned, you are considered the grantor, and your spouse the grantee. A quitclaim deed differs from a warranty deed in that it actually transfers the property with a guarantee of a clear title. With quitclaim deeds, it’s important to understand that, when signing a quitclaim deed, ...

Does a quit claim remove liens?

Nor does the quitclaim remove any existing liens on the property. Conversely, a warranty guarantees a clear title. For some divorcing spouses, the quitclaim deed is a simple matter because the spouse was never on the mortgage, or didn't pay the majority of the household expenses.

Filing An Enforcement Motion

• Unless your ex is significantly behind in child support payments, the police are unlikely to show up at his/her door. It is up to you to inform the court of your ex’s violation of the order, and to petition the court to force your ex to comply. Some states call this an “enforcement motion,” while others refer to this as a “motion of contempt.” Your ex will receive a notice of the motion and a court da…

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Affirmative Defense

Contempt of Court

Civil and Criminal Penalties