Can you hold your former spouse in contempt of court?

On Behalf of | Jul 5, 2023 | Family Law |

You went through a lot of stress and heartache to secure the orders that you obtained in your divorce case.

But those orders are only helpful if your spouse abides by them. If your spouse doesn’t do so, then you might be left without the financial resources that you need and deserve, and your time with your children might be more limited than it’s supposed to be.

What can you do if your former spouse is in violation of a court order?

If your spouse refuses to follow a court order, then you might need to take legal action to coerce their compliance. You can do this by filing a motion for rule to show cause, which simply asks the court to order your former spouse to appear in court and answer as to why they’ve failed to follow the order in question.

If your former spouse doesn’t provide an appropriate justification, then they might be held in contempt.

What happens if your former spouse is held in contempt?

If the court finds your former spouse in contempt, then they’ll likely be penalized as a way to coerce them into compliance with the court’s order. This might include fining them or even sending them to jail for a short period of time.

How do you prepare for a show cause hearing?

You’ll need to have specific evidence that demonstrates that your former spouse violated a clear court order. You’ll want to keep all written communications with your spouse and talk to other witnesses who might be able to provide testimony that supports your position.`

Take the action necessary to protect your interests

If you need to take action to protect your interests, then you’re probably going to have to file something with the court. Before you take that action, though, make sure you have a full understanding of what you need to do to be successful. That’s where reading up on family law matters and seeking support throughout the process may prove helpful.