Post-Divorce Enforcement in New Haven
When a party does not follow the terms of divorce agreement, a motion for contempt can be filed. A motion for contempt alerts the court that a party is not following an order, and the court can therefore force that person to follow the order.
Being in contempt of a divorce agreement means that a person is not following the provisions, and willfully not following a provision of a divorce agreement.
If you are going through a divorce in New Haven, or if you are thinking about getting a divorce, if is very important to have an attorney on your side. An experienced New Haven divorce lawyer will help ensure that you understand the legal process you are going through so you can make informed decisions, and will ensure that you are making decisions that benefit you and your loved ones in the future. In addition, a knowledgeable attorney will be able to give you peace of mind that your rights are protected and that you can continue on with your life.
Standard of Truth
The standard of truth to demonstrate that a person was in contempt of a divorce agreement is when the person did not do something they were supposed to, and that decision was willful. If it is an accident or the person did not know or did not understand the terms of their divorce agreement, or the order of judgment or agreement was not clear, that is different. Acting in contempt of an agreement needs to be willful and it has to be clear violation of an order.
Repercussions for Violating Divorce Agreement
When a violation of a divorce agreement exists, it does not become a criminal issue. There are, however, still repercussions that can result. These repercussions include a party being forced to comply with the original order, paying attorney’s fees, paying sanctions, or being incarcerated. Thus, while a person won’t face criminal charges for failing to adhere to the standards in their divorce agreement, there are still serious consequences involved.
A common defense that an experienced New Haven lawyer may use if a person is accused of violating a divorce agreement is that the violation was not willful; the person did not intentionally violate the order. Other defenses are that the order itself was not clear, the person did not understand whether the order actually had been complied with.
Benefits of Working with a Lawyer
There are certain things an attorney in New Haven can do to help someone who is facing an uncooperative second party, such as preparing the documents after a divorce agreement. If somebody is not following their obligations in the courts order, a lawyer who has handled these types of situations before can get the person in the court relatively quickly to have the issue resolved.
An attorney will be your advocate, and will work diligently to guide you through the legal process ahead of you. Because divorces are often emotionally intense situations for all parties involved, having someone more removed from the emotions at hand can be incredibly beneficial.