How can I be held in contempt after a divorce if I tried to refinance the home and was turned down?
Asked on Mar 04th, 2012 on Child Custody - North Carolina
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I'm being taken to court by my ex husband in contempt because I have not refinanced our home and gotten his name off the loan. I have attempted to but was turned down twice. How can this be called contempt when I have attempted?
Contempt of court can either be civil or criminal. Typically but not always a civil order such as that in a divorce is enforced through the court's civil contempt of court powers. N.C. law defines civil contempt of court as : (a) Failure to comply with an order of a court is a continuing civil contempt as long as: (1) The order remains in force; (2) The purpose of the order may still be served by compliance with the order; (2a) The noncompliance by the person to whom the order is directed is willful; and (3) The person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order. A person who has tried to comply with the court order and who is unable to comply should pay special attention to 2a above. Having someone take a person to enforce a court order, doesn't mean that the judge will hold the person in contempt of court. You should always consult an attorney about the particular facts of your case.
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