Enforcing Your Utah Divorce Decree
Sometimes getting your Utah divorce finalized is only half the battle. In the end a Utah Divorce Decree is simply words on a paper and it is not uncommon for a party to simply ignore those words. Allowing this to happen, especially on a consistent basis usually makes the problem worse. So what should you do? Your family law attorney at Pearson Law Firm has experience in these matters and will be able to direct you as to the best way to proceed.
Many Utah divorce decrees have language that requires the parties to attend mediation before bringing a post-divorce matter to the court. Pearson Law Firm is a big proponent of mediation and your Utah divorce attorney can help you find a qualified mediator and accompany you to the mediation in order to ensure that your rights are preserved.
If mediation doesn’t work, or your Utah divorce decree does not have language requiring mediation and you just want to get in front of a judge/commissioner, then your Pearson Law Firm attorney can help you file an Order to Show Cause. Essentially an Order to Show Cause is a pleading that asks the court to hold the offending party in contempt. You appear before a commissioner and he or she will determine if a party has violated the divorce decree. If the commissioner determines that the divorce decree has been violated, then he or she will certify the issue for a contempt. Often this is all that is need for the offending party to “shape-up”. But if he or she continues to violate the Utah divorce decree, then you can set the matter for a hearing in front of a judge. If the judge finds the party in contempt, then he/she can impose sanctions or penalties. These penalties can be anything from a fine to jail time, or even loss of privileges such as custody/visitation. For a further explanation of the difference between a judge and commissioner click on the link.
If your ex is violating your Utah Decree of Divorce, call Pearson Law Firm and set up a free consultation with an experienced Utah Divorce Attorney, 801-888-0991.