One of the final steps in a divorce, or other domestic relations matter, is to execute and enforce the judgment of the court. The judgment can take the form of a separation agreement, order of the court, stipulation, or something else entirely. Once you leave the court house on the day you receive the judgment, it is typically up to you to follow and abide by the judgment, which most often deals with property division, child custody, and support. The terms were established by the parties, their legal representatives, and the court to ensure each party is fairly treated during and after the significant life transition and so are important to follow. Unfortunately, very often one party or both choose to ignore the judgment, leaving the other party most typically at a loss. To make sure your rights are protected and to take the necessary steps to enforce a judgment, you need to have an experienced family law attorney helping you out.
If your former spouse or a third party is failing to honor the terms of your agreement, a temporary order, or a judgment of the court, it is important for you to speak to an attorney who can best represent your interests in an objective and persuasive manner. Lashing out, harassing your ex, or quid pro quo failing to fulfill one of your obligations in not the way to go and can reflect very badly on you. The court is open every day of the year except weekends and federal holidays for you to enforce the terms of your agreement and it is the preference of the court that you utilize the system in place. You also want to be aware of an duty to "mitigate" your damages. That means that if you know the other party is violating the agreement, you should not sit back and allow it to happen so you can "catch" them in court.
While court may be necessary in some cases, very often a person will begin to honor the terms of an agreement after a simple letter, or negotiations. At Bullwinkel & Brooks, we assess your case and help you determine what the best course of action it is. If we can effectively represent your rights and achieve results through correspondence and negotiations, we will. Should that not work or would leave you vulnerable, we will also persuasively litigate the matter with skill and experience. Similarly, our attorneys have extensive experience defending against claims of contempt and should you find yourself being accused of failing to honor an agreement, we can help you.
If you would like to discuss your present circumstances, know what your rights would be in case you decide to seek to enforce a judgment, or if you are seeking representation in a contemplated or pending contempt action, please call or email us and arrange for a free consultation with one of our domestic relations attorneys.
BULLWINKEL & BROOKS, L.L.C.