Divorce Decree Enforcement
If your divorce has been finalized and you are facing the burden of your ex-spouse neglecting the legal obligations determined by your divorce decree, you have a right to have the divorce decree enforced by the court. This can be an uphill battle and requires the legal prestige of a qualified family law attorney to ensure resolution.
Porter Law Firm is here to assist you when seeking enforcement of a divorce decree. You do not have to face these challenging times alone; our attorneys can provide the legal backing and guidance you need to successfully resolve the strains of your divorce.
Reasons You May Request Enforcement of the Divorce Decree
Divorce decree enforcement is the legal process of holding a party accountable for not complying with the terms of the divorce decree. This may include failure to pay child support or spousal support, failure to transfer property as ordered by the court, or failure to comply with parenting time schedules.
Understanding Your Rights
Both parties have the right to seek enforcement of the divorce decree if the other party is not complying with its terms. If the other party is not complying, you have the right to seek a hearing with the court, where the non-compliant party will have to explain the reasons for their actions. The court will then determine if enforcement is necessary in your case.
A contested divorce is a divorce in which the parties involved cannot reach an agreement on one or all of the terms of their divorce. During a contested divorce, the parties may not be able to resolve issues regarding property division, child custody, or alimony. In these cases, the divorce will be sent to trial, and the final ruling and decision will be determined by a judge.
An uncontested divorce is the more favorable divorce type. In an uncontested divorce, both parties are amicable about the terms of the agreement and can resolve issues on their own. In these situations, the parties will approach the court with the agreement, and the court will grant the divorce if they find the agreement to be suitable and fair.
The Process for Contesting a Divorce
If you are not in agreement with the terms of the divorce you have been served with, it’s important to contest the divorce to protect your rights and best interests, especially if there are children involved. To pursue this process, the legal backing of a reputable attorney is non-negotiable.
In order to contest the divorce, you will need to collect the necessary documents to prove your joint assets, income, debt, and other pertinent information. You will then need to obtain a temporary order concerning the custody of your children, support, visitation, and other crucial aspects. If a decision cannot be reached, a judge will decide during a trial.
Stopping a Contested Divorce
If you are trying to halt the process of a contested divorce, your best avenue is mediation. During mediation, you will need to come to an agreement with your ex-spouse. This will require compromise, which may not be easy on your own, which is where an experienced mediator comes in. They can help you work through the negotiation process to ensure a fair outcome.
In Utah, to file for a divorce, the following requirements must be met:
- At least one spouse must have lived in Utah for at least three months prior to filing
- The grounds for divorce must be valid
- The waiting period of 90 days after filing must be respected before a divorce can be finalized
- The divorce papers must be properly served to the other spouse
- Both spouses must disclose their financial information before the divorce can be finalized
- A mediation session must be attended by both parties before the final hearing
Fault vs. No-fault
A no-fault divorce means the marriage has broken down and cannot be repaired, regardless of who is at fault. In these cases, the grounds for divorce include irreconcilable differences or living separately for three years or more.
A fault-based divorce is based on the idea that one spouse is at fault for the breakdown of the marriage. Utah recognizes several grounds for a fault-based divorce, including:
- Criminal conviction or imprisonment
- Cruel treatment
- Incurable insanity
- Substance addiction
What You Can Expect From Divorce Proceedings
If you are considering divorce, your experience may vary from others. However, there are several guidelines for finalizing a divorce regardless of the specifics, including:
- Filing for divorce
- Serving the spouse
- Response from opposing spouse
- Mediation prior to the final hearing
- Financial disclosure
- Temporary orders
- Final hearing
- Waiting period
In Utah, mandatory mediation is a requirement for divorce proceedings, where the parties in a divorce must attend a mediation session before the final hearing. The goal of mediation is to resolve disputes and come to an agreement. This includes a neutral third party who facilitates communication and negotiations between the parties to help them reach a mutually acceptable resolution.
What Sets Porter Law Firm Apart
At Porter Law Firm, our team of experienced family law attorneys is dedicated to providing top-quality legal representation for our clients. We recognize the emotional impact of family law matters and put an emphasis on providing compassionate and professional service that eases the strain on the families we work with.
Combining our extensive experience, a wealth of legal knowledge, and a personalized approach, Porter Law Firm’s attorneys can provide you with the representation you need to achieve fair and just resolutions to your legal issues and to confidently move forward with your life.
Schedule Your Family Law Legal Consultation
Secure the backing of a skilled family law attorney by trusting the experts of Porter Law Firm with your legal case. Whether you are facing a divorce, a child custody battle, or any other family law matter, our professionals are here to provide support and guidance. Contact us today to schedule your consultation with one of our experienced attorneys.