A finalized divorce agreement in California is intended to bring clarity, closure, and structure to a difficult chapter. However, when one party refuses to uphold their legal obligations regarding property division, child custody, spousal support, or other court-ordered terms, it can reignite conflict and disrupt the lives of all parties involved.
At Feak & Revelo, LLP, our San Josefamily law attorneys understand how frustrating and disheartening it can be when an ex-spouse fails to comply with a binding agreement. Fortunately, California law provides legal remedies, and we can help you take swift, effective action to enforce your rights.
Identify the Type of Violation and Gather Documentation
The first step is determining exactly which part of the divorce agreement your ex is violating.
Refusing to comply with custody or visitation schedules.
Withholding property or assets awarded in the divorce.
Ignoring court-ordered responsibilities like debt repayment.
Gather and organize all relevant documentation—such as texts, emails, payment records, court orders, and calendars—to build a clear case. At Feak & Revelo, LLP, we help our clients thoroughly document violations, so the court sees a consistent pattern of noncompliance.
Attempt Communication or Mediation First, If Safe and Appropriate
In some cases, misunderstandings or life changes, like job loss or illness, may be causing the violation. If safe and appropriate, a respectful written inquiry can open a dialogue and lead to informal resolution. Alternatively, California family courts often encourage mediation for compliance issues before escalating to enforcement litigation.
Our attorneys can assess whether informal steps make sense in your situation or if your case requires immediate legal intervention to prevent further harm.
File a Motion for Contempt or Enforcement with the Court
If your ex continues to disregard the agreement, legal enforcement may be necessary. In California, you may file a Motion for Contempt if your ex has willfully violated a court order. A finding of contempt can result in severe consequences, including fines, wage garnishment, or even imprisonment.
Alternatively, a more targeted Request for Order (RFO) may be used to compel compliance with specific terms, such as parenting time, asset division, or support payments. At Feak & Revelo, LLP, we tailor our enforcement approach to your goals, always keeping your emotional well-being and legal priorities in focus.
Don’t Wait—Ongoing Violations Can Have Serious Impacts
When left unaddressed, noncompliance with a divorce agreement can cause long-term financial and emotional strain. Missed child support payments can compromise your household stability, while custody violations can confuse and upset your children.
The sooner you act, the more effectively the legal system can protect your rights. Our San Jose family law attorneys act quickly and decisively, pursuing court enforcement to restore accountability and peace of mind.
Contact Feak & Revelo, LLP to Protect Your Post-Divorce Rights
You worked hard to reach a fair divorce settlement—don’t let your ex’s refusal to follow it go unchecked. At Feak & Revelo, LLP, we stand ready to help you enforce the terms of your California divorce agreement with clarity, strength, and compassion. Contact our San Jose office today at (408) 501-8883 or online to learn how we can help you reclaim control and ensure the agreement you made is the one that’s followed.
Alexis helped me get through the worst time in my life and I was very grateful to have her as my attorney. She has a very approachable personality which made me feel relaxed and comfortable. Not only is she very bright, but she also genuinely cared about my case. She was always very responsive and engaged. I highly recommend her and I could not have asked for a better attorney.
Michael
I just want to say how much I appreciate Alexis and all she has done for me over the year. It felt like it was never going to end, but I'm so happy this is now finally closed out and I can move on with my life. I can't imagine having survived it without you!
Thomas
Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
Natalie
I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
Renee
Alexis was an amazing attorney in my divorce case. I had a highly litigated and contested case. She has been in my corner since the beginning, and assisted me every step of the way. I could not imagine what my situation would be like if Alexis was not leading the ship!
Ally
Samantha is the best thing to happen to my daughter and I. She helped me understand the crazy tactics of my ex and helped the court understand why I needed custody of my daughter. I am so lucky to have her as my lawyer.
Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
Rosella
From the very beginning of reaching out for a consultation I have felt so at ease, the response back from everyone is so fast and relieving. Alexis Revelo has been by my side every step of my case, I cannot say enough positive things about Alexis!! Her knowledge and compassion has made this stressful time for me a lot more manageable.
Melissa
Samantha was great to work with on my case. Her attention to detail and legal advice every step in the process helped considerably in the final six months of my case.
Brett
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