Is your ex-spouse disobeying the divorce order? Or you’re just wondering about the consequences of breaking divorce decree as you’ve recently received the final decision from the court for a divorce.
This article will provide information on violating a divorce order. Read till the end to learn about the other essential aspects of a divorce decree.
What is a Divorce Decree?
The court issues a divorce decree when the marriage has been declared legally ended through divorce proceedings. This document covers a variety of information, including the grounds for the divorce. The decree details the property split, child support, and parenting time obligations for each divorcee.
The completion of a divorce may take months or years. If there is a trial, the judge weighs all the testimony and evidence before making a judgement. A decree is written outlining the decisions made on child custody, alimony, property split, and child support. The decree is issued once a matter has been resolved.
What is Considered a Violation of the Divorce Decree?
A divorce decree is a final judgment from the divorce court. They’re a series of agreements for post-divorce circumstances, such as spousal support, child custody arrangement, child support, property division, and other specifics. It’s an order from the court that the couple must follow.
However, people may disobey orders in different ways. For instance, not paying spousal support, violating the child custody agreement, and so on.
How Long Does a Divorce Decree Last?
There isn’t any specific duration for following the court’s order. And there’s a valid reason for that, as there’re several agreements in a divorce.
Every agreement has separate terms and conditions. Considering that, the duration will vary of the agreement basing several factors.
Check the list below for the possible duration of some common agreements.
Spousal support duration
Usually, this agreement lasts for 6 months to 1 year. The duration will be decided based on the total time you two were married or lived together. When you’re married for a long time, you will have to pay it until you retire.
Child custody arrangement duration
This never expired because the child custody arrangement is for caring for a child. So, at most, the arrangement can change only. For instance, you might have the right only to meet your child. But if you want to make major decisions for your children, you must face the court to get it approved with valid grounds.
Child support duration
This agreement work until your child is 19. However, if your children cannot pay for themselves due to illness, disability, or other reasons, you may need to pay child support longer.
How long? That, too, will depend on factors such as the custodial parent’s ability.
However, your child support agreement can end before 19 if you get married or leave home. On the other hand, they can go home in case of family violence or unpleasant living conditions.
Checking the agreement is recommended to know the duration of the other contracts. If there’s anything related to duration, you’ll find it on the document. If you don’t see any specific duration, there isn’t any. Simply, you’re supposed to obey the order.
What are the Consequences of Breaking the Divorce Decree?
Sometimes people become unaware that they’re breaking the divorce decree. The consequences of breaking a divorce decree depend on the severity of the violation and other factors.
The following 3 things may happen when you disregard the court’s order for your divorce agreement.
1. Sitting for a discussion
People don’t always make the strictest decision, at least not at first. If you break a divorce decree, your former partner might want to solve it by having a peaceful discussion.
2. Agreement modification
Depending on what kind of order you disobeyed, how you did it, and how the relationship is between you and your former spouse, your ex might request the court to modify the agreement.
3. Contempt of court divorce decree
This is the most extreme measure against breaching a marriage settlement agreement. Contempt of court means that the other party won’t put up with you for breaking the agreement again. It’s considered drastic or extreme and includes severe penalties such as prison terms.
Can a Divorce Decree Be Voided?
Yes, you can change the terms and conditions granted by the court regarding – child custody, visitation rights, child support, and spousal support. It depends on the current condition and circumstance of your and your ex-spouses’ life.
If you want these terms changed, you must first contact your ex-partner and make an effort to come to an understanding. Then, if both of you agree on the new terms, you need to prepare a new agreement unless your separation agreement has a clause describing how adjustments can be made.
Additionally, you two must take legal advice to make the agreement accurate. After that, you two sign the paper having an adult as a witness to prove that it was executed legally.
On the contrary, if the ex-spouses disagree with you on child custody or access, child or spousal support, you need to ask the court to modify it. Next, you will have a new divorce settlement.
Finally, if that doesn’t work, the judge will determine if the new arrangement should be issued.
What to Do If Ex-spouse Violates Divorce Decree?
This can get complicated enough as your divorce is finalized. But you have rights at jeopardy as your ex-spouse has breached the agreement.
The wisest thing to do is speak with your divorce lawyer immediately. Generally, we suggest proceeding methodically. This indicates that you need to approach your ex-spouse differently because the aim is to solve the issue.
Even when the agreement is not being implemented, it is advisable to avoid going to court unless a severe matter requires immediate attention. Going before a court should be the last option.
Here are the things you can do to handle the agreement violation.
Solution 1: Try explaining it to your ex-spouse
As mentioned earlier, your ex-partner might be unaware of breaching the agreement. In that case, it’s best if you can discuss the issue.
Keep in mind that misunderstanding can always happen. So, it’s better if you can talk it out first. However, if that doesn’t work, you can take legal steps by talking to your lawyer. You’ll have to face the court to sort out the problem here.
Solution 2: Request the court to modify the agreement
You can ask the court to make changes to the agreement. However, you need to prove that your ex-partner is not complying with the decree. This will protect your rights in case your ex-partner breaks the deal again in the future.
Solution 3: Seek a Contempt of Court order
This is the last option and more like a warning. Therefore, the next time your ex-spouse breaks the agreement, they will be penalized. Before you ask for this in court, you better consult with the lawyer to confirm the issue is severe enough.
The consequences of breaking divorce decree will depend on many factors. Sometimes you two can fix it with a little understanding. But, also, it requires a judge to figure out the solution for some people.
Overall, it can be difficult to understand what to do. In such circumstances, you can take help from a lawyer to determine what you should do.
Can you get a divorce without the other person signing the papers Canada?
You can file for divorce without your spouse’s approval in Canada. There are also not many ways for your partner to prevent you from filing for divorce.
When can I remarry after divorce in Canada?
This usually happens 31 days following the issuance of the divorce decree. Your attorney can request this document on your behalf, or parties who are representing themselves may acquire it directly from the court.
Is there a statute of limitations on a divorce decree in Canada?
There is a two-year restriction period for parties to set aside their contract in the event of divorce.