“Some say he did the impossible!”
The Jere Beasley Report, August 2005
Enforcement of Divorce Decrees
Birmingham divorce provision enforcement lawyers making your spouse comply with your valid divorce order
You’ve been granted a divorce either after a divorce trial, or a settlement agreement signed by the parties. Your ex has been ordered to sign over the title to your car, but refuses. Your ex has failed to pay his monthly child support payment, or will not send you your alimony check. What recourse to you have to enforce the original divorce decree in Alabama?
Our Birmingham divorce attorneys first make contact with your ex spouse’s attorneys and find out what if any reason can be provided for their failure to comply with the Court’s Order. In limited circumstances, there a valid reasons for a delay in compliance, and our attorneys will investigate to see if such a situation exists before taking unnecessary legal action.
If it is a simple case of willful disobedience with a legal Order of the Court, our attorneys will give your ex a limited amount of time to bring themselves into compliance with the Order or face contempt proceedings.
If your ex spouse continues to defy the divorce decree after a warning, you have no other option other than to file with the domestic relations judge to enforce the provisions of the Order. Often, simply filing a motion requesting your ex be held in contempt is sufficient motivation for them to begin complying.
However, if they continue to ignore the Court, our attorneys are prepared to argue to the Court that they are able to comply with the Court, but simply refuse. As a result, our divorce attorneys will ask for your ex to be incarcerated until they agree to abide by the terms of the original divorce decree.
The threat of imprisonment from the family court judge is usually more than enough to bring even the most difficult ex to the realization they have to live within the terms of the divorce order, or face time in the county jail.
Contact our Birmingham attorneys Jim Parkman and William White to get their help and advise on how to make your ex live by the letter of the divorce order. You’ve done your part, now force them to do theirs. Call us today at 205-502-2000.