Divorce is never easy. The peace you may find once everything is settled, however, can be energizing and therapeutic. What, though, can you do if your ex is still causing you headaches long after the divorce is finalized? Here’s what you should do if you think your ex is in violation of your divorce agreement.
Make Sure You Have “Clean Hands”
The first thing you should do if your ex-spouse is not complying with your divorce agreement is making sure you have “clean hands”. What this means is that you need to sit down and carefully read the agreement yourself to ensure that you are in full compliance. The legal doctrine of “clean hands” essentially states that the law will not come to the assistance of a party that does not have clean hands themselves. So, it’s essential that the first thing you do is make sure you are fully compliant with all aspects of your divorce agreement.
Ensure You Are Compliant With all Conditions
Once you have established that you follow the divorce agreement, you should check to ensure you are also meeting any and all conditions spelled out in the agreement. If, for example, the divorce agreement stipulates that a written notice of any breach of an agreement must be provided, or that mediation should be sought before the agreement is enforced, you should make sure you follow the agreement fully before taking any formal enforcement actions.
Keep Breach Records
If you feel your ex has been violating your divorce agreement, you should take notes and keep detailed records of all alleged breaches. This evidence may include bank statements, schedules, invoices, or anything else relevant to your agreement terms.
Reach Out Informally
Before you take any legal action, you should always try to remedy the situation informally. Perhaps your ex simply didn’t know that they were in violation of the terms of your agreement. By approaching your ex-spouse informally, and avoiding harsh language and threats, you stand a good chance of coming to a peaceful resolution without the need to go to court.
Retain an Experienced and Knowledgeable Family Law Attorney
If all efforts at a peaceful and amicable resolution fail, you need to make sure you contact an experienced family law attorney right away. They will have a better understanding of the legal realities of your ex’s actions, and whether they may be in contempt of court over the divorce agreement.
The Law Offices of James C. DeZao are Here for You
Divorce is never enjoyable – especially if you believe your ex may be violating the terms of your agreement once the divorce is finalized. If you are seeking a divorce, or if you need post-divorce legal help, it is always advisable to talk with an experienced divorce lawyer beforehand. Contact the Law Offices of James C. DeZao today at 973-808-8900 for your free consultation. Our experienced family law attorneys are here to help you through this difficult time in your life and will fight to ensure you get what you are legally entitled to.