How to Ensure Compliance With Court Order or Agreement
It’s not uncommon for a client to have some concerns when they come to us for a divorce. They know their partner well, and they’re fearful that they may be non-compliant. If you can relate, we can help alleviate those fears. The first order of business, when you’re considering a divorce, is to ensure that you hire a family law attorney who has your back. An experienced attorney can establish an agreement with the proper provisions in place to protect you in the event that your ex-partner is non-compliant.
Provisions to ensure your ex-partner is compliant
You have options when it comes to how to protect yourself if you are dealing with a contentious ex-partner. While it would be ideal for everyone to adhere to the obligations laid out by the court, sadly, that’s just not always the case. In fact, non-compliance happens fairly often.
The first step is to obtain a court order or a court-ordered marital agreement settlement. Yes, even if you know that your soon-to-be ex-partner may likely default on an agreement, you have to first have the agreement in place.
Now, how can you help to prevent non-compliance? Let’s take a look.
Include provisions in the negotiation
Your attorney may recommend that you introduce specific enforcement provisions in your settlement agreement or parenting plan. These provisions allow for consequences should either party fail to comply.
A common clause is one that requires the faulty party to pay the other’s attorney fees should they have to go to court to enforce the agreement. This provision is known as the prevailing party clause. In many cases, this provision is incentive enough to ensure that both parties comply with the agreement.
Your attorney can take care of the process to incorporate the agreement into a court order for you.
Have your attorney compose a letter
You can possibly avoid costly litigation by having your attorney draft a warning letter if your ex-spouse is in violation of an agreement or court order. In this letter, the attorney can tailor the letter to cite the violation(s) and demand that the ex-spouse comply within a specified time period to avoid legal action.
Pursue a contempt proceeding
Should your ex not respond to your attorney’s letter(s), you may seek an order to show cause from the court. Your ex will need to show a legal justifiable reason for their violation(s). Failure to produce a legal justifiable reason may result in a variety of penalties for your ex which include fines and jail time.
Need help?
If your ex is in violation of an agreement or court order, hire an experienced Texas family law attorney immediately. We’re Proffitt & Associates, and we have your back. We specialize in family law in Houston and the greater Houston area. Request your free consultation today.