QUESTION
Can a divorce be nullified if one party does not follow the agreement?
Asked on Oct 12th, 2013 on Divorce - Michigan
More details to this question:
My divorce papers state that my ex husband is to pay me (by depositing money in my account every two weeks) money owed for bills that were ours while married that he just stopped paying on. This was an agreement that we both reached and the judge signed off on. He has not paid anything and was supposed to start paying two and a half months ago. Can this nullify our divorce if I contest it and file contempt of court papers against him?
8 ANSWERS
4 Awards
A contempt action or garnishment action will enforce what he is supposed to pay you. It will not change anything about the final divorce Decree, but will require him to pay or suffer certain consequences. Visit with an attorney about the process. If he is found in contempt, often he will be made to pay your attorney's fees.
Answered on Oct 15th, 2013 at 6:20 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Once the Final Judgment is entered you are divorced. If one party does not follow the Agreement the remedy is to file a Motion for Contempt with the court.
Answered on Oct 14th, 2013 at 10:24 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It should not nullify the divorce. A contempt action would simply force him to live up to his obligations.
Answered on Oct 14th, 2013 at 9:19 AM
Criminal Attorney serving Houston, TX
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The Montes Law Firm
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No, it does not nullify the divorce. If the court signed a Final Decree of Divorce, it is over. You should contact a local divorce attorney to help you file an enforcement.
Answered on Oct 14th, 2013 at 8:50 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The divorce stands. He is in contempt.
Answered on Oct 14th, 2013 at 8:43 AM
You can not nullify the divorce and be remarried for non compliance with the decree. You can seek the court's assistance to compel him to act or be held in contempt of the court's lawful order. See your counsel, or if you did not have counsel at the time, engage counsel now.
Answered on Oct 14th, 2013 at 8:04 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You can file for contempt.
Answered on Oct 14th, 2013 at 7:30 AM
General Practice Attorney serving Ann Arbor, MI
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Debra S. Keehn, PLLC, Attorney and Counselor at Law
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A judgement of divorce is a final order. You will have to pursue post judgment litigation if the ex is not complying with the judgment. It cannot simply be set aside due to noncompliance.
Answered on Oct 14th, 2013 at 7:29 AM