You Have a Court Order, Now What?

There is a big difference between winning a case and enforcing a court order. This is especially true in contested divorces, which lend themselves to emotional disputes.

RigsWhat remedies are available, if any, to a person who wants to ensure compliance with a court order? For example, assume that as a part of a divorce proceeding, the parties decide that the marital home will go to the husband, who either has to refinance the home within a year or two, or has to sell the home so the wife, who is relinquishing her right to the marital residence, is no longer responsible for the mortgage.

However, if the husband is unable to refinance (which is often the case), he is supposed to sell the house and pay off the mortgage. Other than the court order, however, the husband may not be in a hurry to sell the home and may purposely price it too high. This way, the husband may claim that he is still trying to sell the home, while continuing to live in it.

If this sounds like an unlikely scenario, it is not.

In these cases, however, the wife would have to file a Petition for Rule to Show Cause stating that the husband has violated the court’s divorce order by not securing financing and purposely pricing the home too high. If the judge finds that other party did not make a genuine effort to comply with the terms of the court order, they may hold them in contempt, which can have serious consequences like fines and jail time.

Divorce law can have ramifications for a long time after the divorce is finalized. If you are faced with a divorce, contact an experienced Aurora family law attorney so you can prepare for any issues that may arise down the road.

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