You expect your ex-spouse to follow the terms of your divorce decree. After all, it is a court order that you both must follow. Unfortunately, some people simply refuse to follow through on the terms a judge orders them to in a divorce decree.
If talking to your ex-spouse hasn’t worked, you can enforce your divorce decree. You may even be able to enforce the divorce decree without a lawyer if you follow these steps.
Steps to Follow to Enforce Your Divorce Decree Without a Lawyer
Below are some recommended steps to take if your ex is not upholding their end of the bargain in your divorce decree.
Identify the portions of your divorce decree your ex is not complying with.
The process you take to enforce your divorce decree will vary depending on your ex’s areas of noncompliance. For instance, maybe your spouse is late on their child support payments or spousal maintenance. Maybe they are failing to abide by your custody agreement and parenting time schedule. You may also need assistance in enforcing your divorce decree if your spouse agreed to transfer title of real estate or other assets to you as part of the divorce and won’t cooperate. Review your divorce decree and make note of those provisions your ex is not meeting. You should also double check that you are upholding your own responsibilities as laid out in the decree.
Communicate with your ex-spouse (if possible)
You might not even need to go to court to enforce your divorce decree. Sometimes your ex-spouse will comply with the divorce decree if you simply remind them that it is a court order and you are not afraid to exercise your legal rights to enforce the decree if your ex continues to disobey the court’s orders. They will likely avoid going to court any more than you want to. If a little reminder will fix the problem, this could be the easiest solution.
Compile Proof of Your Ex’s Noncompliance
If your informal discussions with your ex won’t lead to compliance, prepare to file a motion with the court by gathering evidence.
Be sure to keep records of any support payment that you spouse missed or evidence that demonstrates they are in noncompliance with a court order. This can include emails, text messages, financial records, and anything else that you have that supports your position. You’ll need to present this evidence to the court.
Contact your local Clerk of Courts or your state’s legal self-help center
Call your local Clerk of Courts office to see if your situation requires you to file a motion for civil contempt, a motion for enforcement or some other filing. Some violations of a divorce decree could result in your ex-spouse facing criminal charges for their noncompliance.
Call your local Clerk of Courts office or visit your state’s judiciary website to see if they offer self-help services. They may have the forms you need to file with the court or be able to point you in the right direction.
File Your Motion with the Court.
Fill out the necessary paperwork provided by your local court or State self-help center. https://selfrepresentation.nmcourts.gov/ Attach any supporting documentation you have and file it with your local court. There will likely be a filing fee. Once you file your motion, you are asking the judge to enforce your divorce decree.
Your ex-spouse will have an opportunity to file a response to your motion. The court will then schedule your motion for hearing, and you will be required to attend so you can answer questions from the judge.
Should I get an attorney to help me enforce my divorce decree?
It’s understandable that you want to save money by enforcing your divorce decree . Remember though, the decree is a court order. It doesn’t matter if you ex-spouse simply cannot afford to comply with the terms of the decree ordered by the judge. If your ex is not following the divorce decree, you have the ability to go back to court to seek enforcement. If you are considering filing a motion to enforce your divorce decree without a lawyer, contact an Albuquerque divorce lawyer to discuss your options. A knowledgeable attorney can explain your legal rights and help guide you through the court process. You can try to enforce your divorce decree in New Mexico yourself, but you run the risk of making mistakes that could complicate the situation. At the Law Office of Anthony Griego LLC, we offer affordable divorce law consultations to discuss your concerns and your options. Learn more about our affordable legal fees
When do I Need to Contact a Lawyer to Enforce my Divorce Decree?
Enforcing a divorce decree pro per in the Albuquerque District Courts is doable, but if you want to make sure it’s done correctly (and efficiently) you’ll need to know how the court system works and have a game plan. When it’s your ex that’s foot dragging, you don’t want to lose ground due to missed deadlines or careless mistakes.
Let the Law Office of Anthony Griego LLC help you become familiar with court procedures while we fight for you. We handle everything from motions for contempt to help with collecting support to full on divorce decree enforcement. You shouldn’t have to go through complex legal process of enforcing your divorce decree by yourself. Contact the Law Office of Anthony Griego LLC today and let us help you stand up for yourself. Call 505-508-3110 today to schedule your free consultation.
