During a divorce and afterward, the court might issue several orders to your former partner and they will then be expected to abide by these orders. The process of forcing an individual to abide by court orders is to issue a court order. By doing this, the court may then need to use enforcement actions to make your ex comply with these orders.
There are various ways that a court can enforce a court order within the context of divorce. First, they can award monetary damages. Under these circumstances, your ex will be required to compensate you for damages you have suffered as a result of failing to comply with a court order.
Another method available is an injunction. This is a court order that instructs your ex to not take a specific action such as removing money from an account. You will always want to consult with a divorce attorney before you pursue an injunction. There are several types of injunctions you can pursue.
One example of an injunction is a temporary restraining order. This can be done to keep your ex away from a particular individual or piece of property for a limited period. Violating a restraining order can lead to incarceration.
A preliminary injunction is more long-term and is meant to stop your ex from engaging in behavior that could be seen as potentially a problem down the road. There are also permanent injunctions, but these are typically only used in lawsuits and not divorce cases.
Oftentimes during a divorce, your ex will do everything they can to conceal or spend assets. An injunction can be used to prevent your ex from doing this and they will face criminal penalties if they do not comply.
Specific Performance Order
When you have a divorce agreement, your ex might not live up to the terms of the agreement. Under these circumstances, the court can issue an order of specific performance. Then, your ex will need to take a specific action. This order can be issued even before you have gone to court.
By failing to comply with a specific performance order, your ex might then be held in contempt of court and may be jailed as a result. Each of these strategies can have upsides and downsides. For example, if your ex is jailed, they may not able to participate in the divorce proceedings as easily. Therefore, you will want to consult with a divorce attorney on your best options.
Contact a local divorce lawyer to learn more.Share