A divorce decree is more than an agreement between former spouses. Once entered by the court, it is a court order that both parties are expected to follow. But what happens when your ex ignores the decree?
Maybe they have not transferred property they were ordered to transfer. Perhaps they are refusing to pay a debt assigned to them, failing to follow the parenting-time schedule, or disregarding another requirement of the divorce.
If your former spouse is not following your Utah divorce decree, you may have options to ask the court to enforce its order.
What Is a Divorce Decree?
A divorce decree is the final court order that establishes the terms of your divorce. Depending on your circumstances, it may address issues such as:
- Division of property and debts
- Child custody and parenting time
- Child support
- Alimony
- Retirement accounts
- The family home and other assets
- Insurance or other financial responsibilities
Once the court enters the decree, its terms generally remain in effect unless the court later modifies them or another applicable legal event changes the obligation. That means one former spouse generally cannot decide on their own that they no longer want to follow part of the order.
What If My Ex Is Not Following the Divorce Decree?
The right approach depends on what your ex is refusing to do and why.
Sometimes a problem can be resolved by communicating with the other party and documenting the issue. In other situations, particularly when violations are repeated or significant, court involvement may be necessary.
For example, an ex-spouse might:
- Refuse to transfer property awarded to you
- Fail to make payments required by the decree
- Ignore requirements involving marital debts
- Refuse to cooperate with the division of a retirement account
- Consistently violate the court-ordered parenting-time schedule
- Fail to comply with other specific provisions of the decree
Keep records of what happened, including relevant emails, text messages, receipts, payment records, or other documentation. Clear records can become important if you need to demonstrate noncompliance to the court.
Can the Court Enforce a Divorce Decree?
Yes. Utah courts have mechanisms for enforcing their orders.
Depending on the circumstances, a party may ask the court to require compliance with the decree. In some cases, allegations of intentional noncompliance may also lead to contempt proceedings.
The available remedy will depend on the specific obligation involved and the facts of the case. A dispute involving unpaid support, for example, may be handled differently from a dispute involving property that was never transferred.
Courts may have several options available to address noncompliance, which can include ordering a party to perform an obligation, addressing amounts that remain unpaid, or imposing other remedies permitted by Utah law.
What If My Ex Says They Cannot Follow the Order?
There is an important difference between being unable to comply with an order and simply choosing not to comply.
If circumstances have substantially changed, a former spouse may be able to ask the court to modify certain provisions of a divorce decree when Utah law allows it. But until an order is legally modified, the existing order generally remains in effect.
Simply deciding that an obligation is unfair, inconvenient, or no longer desirable does not automatically change the decree.
Can I Stop Following the Decree If My Ex Is Breaking It?
Usually, taking matters into your own hands can create additional problems.
If your ex violates one part of the decree, that does not necessarily give you permission to ignore another part. For example, disputes over support or other obligations should not automatically be treated as permission to disregard a parenting-time order. Instead, document the violations and determine what legal enforcement options may be appropriate.
Do I Need an Attorney to Enforce My Divorce Decree?
Every situation is different. A single misunderstanding may be resolved without extensive court involvement, while repeated or serious violations may require legal action.
An experienced Utah family law attorney can review your decree, determine whether your former spouse’s conduct violates the order, and help you understand the options available for seeking enforcement.
Is Your Ex Not Following Your Utah Divorce Decree?
You should not have to guess what to do when a former spouse refuses to comply with a court order.
Our attorneys help clients understand and enforce divorce, custody, support, and other family law orders. We can review your situation, explain your options, and help determine the appropriate next step.
Contact Christensen Law today to schedule a consultation.
Call: (801) 348-2779
Contact Form: Click Here