This is the first post in a series of articles that will address the issue of enforcing a Divorce Decree in Melbourne and other Florida areas. I consider it important to write on this issue as, unsurprisingly, many individuals fail to comply with the terms of a divorce after their case is completed. This can have a damaging impact on the other spouse’s finances. It is common for individuals to be unsure of what they should do when their ex is failing to meet their obligations. I am writing this series of articles, therefore, with the goal of providing information which will help people to better understand their given situation. It is also my goal to provide information which will assist with the selection of an attorney. If you are in need of assistance then contact my office today to speak with a divorce lawyer.
I will be addressing a number of topics over my coming articles. Issues which I will analyze include the following:
- The amount of time which one generally has to enforce a Divorce Decree in our state
- Requiring the other spouse to remove your name from debts
- Gaining a Court Order which forces the sale of assets
- The non-payment of alimony
- Non-compliance regarding the division of retirement assets
I am addressing these particular topics for several reasons. First, while Florida provides a much more generous statute of limitations than other states, in regard to enforcing a Decree, the Court may rule that a spouse is barred from enforcing the Order under certain circumstances. Second, if a spouse does not remove one’s name from debts, per the terms of the Decree, then the Court may require the sale of assets or other such measures. Third, if spousal support is not paid then the Judge may hold the offending party in contempt. Finally, a contempt Order may also be gained if one fails to sign documentation necessary to effectuate the division of pensions or retirement accounts.
A key point that I will be stressing in these articles is that one should contact an attorney as soon as possible. It is, unfortunately, common for spouses to wait many years to enforce a Decree, only to find out that they may have lost the right to do so. Counsel will take immediate steps to protect your interests. As a Melbourne divorce lawyer, I am able to assist with such issues. If you or a loved one are in need of assistance then contact us online or by telephone today to schedule an initial consultation. 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.