Going through a divorce can be one of the most difficult parts of a person’s life. For many people, once the divorce itself is over it feels like a massive weight has been lifted off of their shoulders.
Unfortunately, some people who go through a divorce have to keep fighting even after the divorce is final because a stubborn ex-spouse refuses to follow the court’s orders. If this happens to you, there are steps you can take to fight back and enforce your rights.
Understanding Your Rights
If your ex-spouse is refusing to follow the court’s orders in your divorce, you have a right to ask the judge to enforce his or her orders. There are three situations in which you can ask the court to enforce its orders:
- You can ask the court to enforce its orders if the other party is not following the judgment or order;
- You can ask the court to enforce its orders if the other party is not following the judgment or order and he or she is doing so on purpose and has no good reason for doing so; or
- You can ask the court to enforce its orders if you want the judge to make the other party follow the judgment or order.
While going to court and asking the judge to lay down the law is always one option, it is not your only option and often should not be your first choice. Another option is mediation.
You Should Consider Mediation
In mediation you and your ex-spouse sit down with a neutral third party and the three of your work together to try to reach a mutually beneficial resolution to your dispute. Obviously in extremely contentious divorces or in situations where one ex-spouse has a history of abusing the other ex-spouse, mediation may not work. But it can work well for couples who want to reach an amicable resolution, particularly where their are children involved.
Even if mediation does not work, going through the process can demonstrate to the judge that you have made every effort to resolve the situation without involving the courts until it was absolutely necessary to do so.
Call Sullivan Taylor & Gumina, P.C.
If you are considering filing for divorce, or if you already have filed for divorce but are now struggling with the process, please contact the DuPage County family law attorneys at Sullivan Taylor & Gumina, P.C. When you call us at (630) 756-5112 we will schedule an appointment to discuss the details of your situation and determine how we can best be of help to you given your goals and priorities. We can help you fight for an appropriate resolution to the divorce, and can help you enforce the judge’s orders if your spouse refuses to comply.