Divorce Enforcement Attorney in Green Bay, Wisconsin
Is your divorce settled? You may seek to enforce some of the motions outlined in your final divorce order after the divorce is finalized. Divorced couples are legally obliged by the decree, although they do not always obey it. Some explicitly refuse to execute, while others misunderstand the terminology or intend to.
At Gage-Michaels Law Firm, we understand the difficulties you may face when your ex-spouse refuses to meet their obligations. Our experienced and compassionate divorce enforcement attorney in Green Bay, Wisconsin, can assist you in taking the necessary steps to rectify the situation and move on with your life. To learn more about our legal services, don’t hesitate to contact our seasoned enforcement divorce attorneys now.
Why Do I Need a Divorce Enforcement Attorney in Wisconsin?
Having a lawyer who can advise you on the Wisconsin divorce agreement enforcement procedure and take an informed and unbiased look at the issue to assess whether or not going to court is in your best interests can help you put pressure on your spouse before going to court. Consequently, you and your attorney may work together to ensure that the conditions of the divorce decision are followed without wasting time or money.
What Characteristics Distinguish An Excellent Divorce Enforcement Attorney?
Choosing a divorce enforcement attorney is a big step, and you should take it seriously. Chances are, you are stressed about other things, but you want to ensure that the person representing you in court is someone you can trust and provide the best representation possible to help your case. It’s vital to discover more about the diverse characteristics that distinguish an excellent divorce enforcement attorney from an average one.
The most critical characteristics of an excellent attorney are as follows:
Experience in a Related Case
Expertise in comparable circumstances is one element to consider while looking for the best divorce enforcement attorney. Look for a lawyer that specializes in the areas that your circumstances require. Gage-Michaels Law Firm has proven that we can work with any problem throughout the years. Our professional legal team takes a comprehensive approach to provide dependable guidance on everything from family law to estate planning.
Knowledge of Jurisdiction Laws
Land limits vary widely from state to state. A divorce enforcement attorney who is well-versed in local legislation is the best choice for your situation. It makes sense to hire an attorney familiar with Wisconsin law and how to get the best possible outcome in the state. Fortunately, our legal team is here to help.
Divorce is typically distressing. Someone who knows this and what is at stake for your family may be the best divorce enforcement attorney for you. Compassion is essential in these moments to keep going. You can be assured we understand what couples and their families are going through during these distressing times because of our years of experience. We are here to help you.
What is Divorce?
Divorce, often known as “dissolution of marriage,” is the legal dissolution of a marriage. While married spouses have no constitutional or legal right to divorce, governments allow divorces to suit public policy. Family law attorneys oversee the divorce process (each estranged spouse maintains their counsel), and it encompasses a variety of problems ranging from property distribution to child custody.
Courts in the United States now recognize two types of divorces: absolute divorce, also known as “divorce a vinculomatrimonii,” and limited divorce, also known as “divorce a menso et thoro.”
What is Divorce Enforcement?
If one spouse fails to comply with a material aspect of the decree, the other spouse may be required to enforce the order. For example, the spouse may fail to pay spousal or child support. They may be violating the visitation schedule or parenting plan by denying visits or failing to return the kid on time.
How to Enforce a Divorce Decree Effective
In most cases, it is essential to try and calmly converse with your ex-spouse before you turn to legal options. If you work together, you can devise a solution without the court’s help. Judges typically disapprove of this kind of enforcement effort.
It is only sometimes possible to communicate clearly and calmly, especially in these situations. One method to try compliance is informal mediation with a neutral third party you both trust. Another option is mediation with a certified mediator. Some divorce decrees call for parties to participate in a legal mediation before appearing for the Motion for Contempt hearing to discuss matters like child visitation.
Making a Motion for Court Contempt in a Divorce
Making sure that the original terms of the order are clear and that the two parties had a mutual knowledge of their rights and obligations is another barrier to a contempt filing. The accused party must have blatantly ignored the court order to qualify as contempt. If there were disagreements between the parties’ interpretations of their respective responsibilities, it would be better to file a motion for clarification to clear things up.
Additional civil and even criminal fines may be imposed if it is determined that the respondent’s ex-spouse knowingly breached the order. The respondent must notice the motion and the hearing date once the petitioner files the motion for contempt. At the hearing, both parties will have the chance to present their arguments. If the petitioner is successful, the judge will issue an order enforcing the divorce judgment and imposing whatever fines it deems appropriate against the offending party.
What Happens If A Spouse Violates The Terms Of The Divorce?
Orders from the court are not voluntary. Therefore, if one spouse fails to comply with the order, the other spouse may seek assistance from the court in executing it. The court may order the offender to appear in court for a “show cause” hearing, during which the spouse will explain the offense to the judge.
Consequences of Being Found in Contempt
If the spouse is found guilty of contempt, the judge might penalize them for failing to fulfill the decree’s instructions. For the first offense, the judge may issue a warning to the disobedient spouse. However, the judge can impose consequences on the noncompliant spouse, requiring them to pay the relocating party’s court expenses or attorney’s fees.
Call our Divorce Enforcement Attorney Now!
Divorce enforcement is a significant component of a separation or divorce, so having a knowledgeable family law firm on your side is crucial. At the same time, you navigate the complexities of legal documentation, and judicial regulations are essential.
At Gage-Michaels Law Firm, we work hard to ensure that your rights are safeguarded and maintained after the separation or divorce procedure is completed. If you or someone you know is having legal issues, please get in touch with us right once for a consultation. We would be happy to answer any questions you may have.
When dealing with legal matters, it is vital having experienced lawyers familiar with state and federal legislation on your side. Gage-Michaels is a Wisconsin-based law firm that can help you with various legal issues, such as family law, elder abuse, silver divorce, Medicaid crisis preparation, and estate planning.