How To File Contempt of Divorce Decree
A divorce decree is a mandatory court order. Discover the formal legal process for dealing with non-compliance and mandatory enforcement of its conditions.
A divorce decree is the court’s final, mandatory order outlining the obligations of each individual after their marriage ends. When one party fails to adhere to these court-mandated conditions, they could be held in “contempt of court.” This legal action is aimed at enforcing the decree and holding the non-compliant individual liable.
Identifying Violations of the Divorce Decree
Prior to taking legal action, you must verify that a violation of the divorce decree has happened. These violations fall into distinct classifications, and identifying the particular failure to adhere is necessary prior to moving forward.
Financial violations are a typical source of disputes. These can include failure to pay court-ordered alimony or child support, failing to refinance a mortgage to remove a previous spouse’s name, or declining to release funds from a shared bank account. Property-associated violations comprise a party’s refusal to sell the marital home, failing to transfer a vehicle title, or not splitting personal belongings as agreed.
Violation of a Parenting plan directly affect the children and are taken very seriously by the courts. Such infractions comprise denying court-ordered visitation, declining to adhere to the custody schedule, or making considerable decisions concerning a child’s welfare by declining to consult the other parent as required by the divorce decree.
Information and Documents Required to File
To start a contempt action, you are required to collect specific information and documentation to build a formidable case. The burden of proof weighs on the individual filing the motion, so this involves gathering concrete evidence and properly filling out the required legal documents.
Evidence of the violation could include financial institution statements that verify non-payment of support, or emails and text messages in which the other party declines to comply. For parenting plan violations, an in-depth log of denied visitation dates and times can be strong evidence. You are also going to need a copy of the original divorce decree to show the specific stipulation that has been violated.
The legal document for this action is referred to as a “Petition for Enforcement” or “Motion for Contempt,” which is accessible from the court clerk’s office or the court’s website. When filling out the document, you are required to provide the original divorce case number, the full names of each party, and the exact language from the decree that was violated. You are also going to need to detail how the other party failed to adhere and state the “relief” you are pursuing, which is what you wish the judge to order.
The Filing and Service Process
After all documents are prepared, you are required to formally submit them to the court and let the other party know. This procedural step is governed by stringent court rules to guarantee the process is just and legally sound.
The completed forms, comprising the Motion for Contempt and all supporting evidence, are required to be filed with the court clerk. This can be carried out face to face, by mail, or via an electronic filing system should the court offer it. The costs related to filing differ considerably by jurisdiction.
Some courts may have a set filing fee, while others may require payment for services like having a sheriff serve the documents. Additional charges, such as fees for reopening a closed case, may also apply. For individuals who are unable to pay, courts have a process to request a fee waiver.
Following the filing, the other party is required to be formally notified through a method referred to as “service of process.” This guarantees the allegations are known and have a chance to respond. Typical methods for service comprise using your local sheriff’s department, a privatized process server, or by certified mail that comes with a return receipt. Failure to provide the correct service can result in your case being dismissed.
The Contempt Hearing
Following the motion being filed and served, the court is going to schedule a hearing. This is formal court proceedings in which both parties will appear in front of a judge. The intent is for the filing party to submit evidence of the violation and for the accused party to provide a defense.
Throughout the hearing, you are going to need to explain how the other party violated the court order and submit the proof you have gathered. The accused party is going to have the chance to respond to the accusations. They could argue that they were financially incapable of making payments or that there was confusion in understanding the decree’s conditions. The judge is going to listen to each side before coming to a decision.
Possible Court-Ordered Remedies
If the judge comes to the decision that a willful violation of the divorce decree happened, they have several options for enforcing compliance. These remedies are designed to right the wrong and discourage future non-compliance.
The court might order the party in violation to adhere to the original order, impose fines, or require them to pay for the filing party’s attorney’s fees and court costs. For financial violations such as unpaid child support, a judge could order garnishment of wages. In more severe or repeated cases of non-compliance, the court could order jail time to force compliance.
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- “How To File Contempt of Divorce Decree” Retrieved on August 13, 2025 from https://legalclarity.org/how-to-file-contempt-of-a-divorce-decree/#google_vignette
Ogborne Law, PLC In Scottsdale, AZ
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Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.
