June 29, 2024, In Family Law
At WHITMARSH FAMILY LAW, PC, our Los Angeles family lawyer knows that a divorce can be finalized through an agreement or a court order, depending on the case’s unfolding.
Both have one thing in common: They are legally binding upon the California family court’s sign-off. If one spouse isn’t complying with property division orders, several steps can be taken to enforce the court’s orders, and our Los Angeles County divorce lawyer can help.
Here’s what California spouses need to know.
What Steps to Take When a Former Spouse Isn’t Complying with Property Division Orders in California
One spouse may not comply with property division court orders for various reasons, including resentment or anger over the divorce outcome, financial difficulties, or a belief that the court’s decision was unfair.
Emotional factors, such as a desire to punish or exert control over the other spouse, can also play a significant role. Additionally, logistical issues, such as misunderstandings about the orders or the complexity of dividing certain assets, might contribute to non-compliance. Regardless of the underlying reasons, non-compliance disrupts the legality of the agreement or order.
To prove that is true, you must:
- Document the Non-Compliance: Keep detailed records of how and when your former spouse has failed to comply with the property division orders. This includes dates, times, and any communications or actions (or lack thereof) that demonstrate their non-compliance.
- Contact An Attorney: Inform an attorney about the situation. At WHITMARSH FAMILY LAW, PC, we can provide legal advice on the best course of action and assist in gathering evidence and filing necessary motions.
- File a Motion for Contempt with the Court: This legal action requests the court to enforce the property division orders and hold your former spouse in contempt of court for failing to comply. If the court finds your former spouse in contempt, they may face penalties such as fines, payment of attorney fees, or even jail time until they comply with the orders.
- Enforcement Orders: Request that the court issue enforcement orders. These orders can direct specific actions to ensure compliance, such as wage garnishment, seizing assets, or other measures to compel your former spouse to adhere to the property division terms.
- Writ of Execution: A writ of execution allows law enforcement to seize property or assets from your former spouse to satisfy the court’s orders. This can include bank accounts, personal property, or other assets specified in the property division order.
Sometimes, negotiating a settlement with your former spouse can resolve the issue more quickly and amicably. Mediation or alternative dispute resolution methods can facilitate these negotiations. We can help. By following these steps and working closely with our Los Angeles family law attorney, you can address your former spouse’s non-compliance and ensure that the property division orders are enforced.
Contact Our Skilled Family Law Attorney in Los Angeles Today
Contact our skilled family law attorneys in Los Angeles County at WHITMARSH FAMILY LAW, PC, by calling (310) 552-3505 to schedule a free consultation today.
We can help provide solutions that produce results.
