July 16 . 1 min read
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 Jose family 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.
Common breaches include:
- Failing to pay spousal or child support.
- 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.
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