Going through a divorce can be a very trying time for all parties involved, both mentally and financially. The amount of stress and strain is compounded when the other party chooses not to follow court orders, forcing you to enter into an extended legal battle to maintain compliance. Before entering into a situation like this, it is important that you fully understand your situation and what needs to be done. It is very likely that you have a lot of questions running through your mind about the divorce process, so talk to one of the experts at Wall Legal Solutions to get them answered. Read on for some basics that you need to be aware of before proceeding with the divorce.
What is a Final Divorce Decree?
A final divorce decree is the final order issued by the court that fully terminates your marriage. This decree summarizes the terms of the divorce that were agreed to during the court proceedings. While each case is different, it typically includes determinations regarding the division of property and finances acquired during the marriage, terms for ongoing payments like alimony or child support, and declarations dealing with the care and housing of any children involved. In the state of Utah, all property is divided equitably as determined by the court, unless the couple had a prenuptial agreement in place stating otherwise. The state always encourages parents to come to a mutually agreeable decision with regards to their children, but the court will step in and make a ruling if a decision cannot be reached. The final divorce decree differs from legal separation in that all rulings are permanent and final. In a separation, the court decrees are temporary and the marriage remains intact. In Utah, the court fees for divorce and legal separation are the same.
What if my Ex Isn’t Following the Court Order?
As much as you would like to think that the stress would be over after the divorce is finalized, that is not always the case. It can be extremely frustrating when your former spouse neglects to send child support or alimony payments. This frustration is compounded further when there are children involved. Luckily, there are several steps you can take to combat this problem:
- Contact the clerk at the courthouse where you received your divorce. Your judge’s law clerk or the court’s clerk can advise you on what you can do to remedy the situation.
- File a motion either to enforce the decree or to hold your ex in contempt. The court will then schedule a hearing, during which the judge will likely give your ex a warning and issue another decree ordering him or her to comply.
- Continue filing motions until your ex complies with the divorce decree, or get in touch with an experienced divorce attorney who can help you take more drastic action, if necessary.
Wall Legal Solutions Can Help
Here at Wall Legal Solutions, we have over 40 years of experience in the Utah divorce field. We work with our clients to handle all kinds of issues that can arise throughout the divorce process. We take the time to discuss your personal situation in detail so that we can explore all options that are available to you. If your former spouse is not complying with the divorce terms, call us today at (801) 441-2388 or use our online contact form to set up an appointment for a free 30-minute consultation to discuss your situation. We will work hard to successfully resolve your case with as little stress as possible.