This article is being written to conclude and recap my series on enforcing the terms of a Florida Divorce Decree. This was an important topic to address as post-Decree litigation is more common than many realize. This litigation can be both costly and stressful for a former spouse. It is also often unexpected as one may have thought that their dealing with the legal system ended with the completion of the divorce. I wrote this series of articles, therefore, with the goal of providing information which can help people to better understand their particular situation. It has also been my goal to provide information which can assist with the selection of an attorney. If you or a loved one are in need of assistance then contact my office today to speak with a Melbourne lawyer.
I addressed several topics over my recent articles. Issues which I covered included the following:
- Florida’s statute of limitations for enforcing a Divorce Decree
- Requiring a spouse to remove your name from an asset post-divorce
- Gaining Court-ordered asset sales
- Contempt proceedings regarding alimony payments
- Post-divorce contempt proceedings regarding retirement assets
There are multiple reasons why I chose to address these particular topics. First, the amount of time one will have to bring an enforcement action can vary from state to state. While Florida law is somewhat ambiguous on this topic, one should generally have twenty years to seek enforcement as of this writing. Second, many divorces require one spouse to remove their former partner’s name from an asset. Unfortunately, people sometimes fail to do so. The Court can force a sale if it is clearly necessary. Third, if a spouse is not making Court-Ordered spousal support payments, or if they are not signing necessary retirement documents, then the Court has the authority to hold them in contempt until they comply.
A key point that I stressed in each of these articles is that one should contact an attorney as soon as possible if their former spouse is failing to comply with the terms of the divorce. The longer one waits to take action then the less willing the Court may be to see the matter as urgent. Taking immediate action can be one of the best ways to ensure that one’s rights are protected. I am a Melbourne divorce lawyer who is able to assist with such matters. If you are in need of assistance then contact us online or by telephone to schedule an appointment. We look forward to speaking with you.
My firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.