What Is A Contempt Action In A Divorce Case And How Do I File It?

The final decree of divorce announced by a court of law is legally binding on both the parties involved in the lawsuit. In other words, it is a legal obligation on both the spouses to fulfill the demands of all court orders regarding the various aspects of a divorce verdict such as child custody, visitation, support, property distribution, and the like. The idea is to respect the court’s decision and minimize any post-divorce conflicts and disputes between the exes.

What is a contempt of court in a divorce?

When a party violates a divorce order, the court can find that party in contempt of court and carry out legal ramifications in a quasi-criminal proceeding.  It is an effective way of enforcing court orders against your spouse.  If your ex-spouse refuses to comply with the instructions stipulated in the final decree of divorce, you have the right to file a motion for a contempt of court and inform the legal authorities about the violation of the settlement. 

How do I file for a contempt of court in a divorce?

Owing to the fact that the court of law is instinctively motivated to be in complete control over its decisions, a contempt case is typically met with stringent punitive actions. In case you wish to file a motion for a contempt of court against your ex-spouse, you can either go ahead with it yourself or take the help of a divorce attorney. The next step is to serve a copy of the motion of contempt to your ex-spouse. If you are handling the situation all by yourself, you can consult the court officials regarding the forms you will be required to fill out and send to your spouse, as a court notice. However, if an attorney is involved, he/she will take up the responsibility of serving your ex-partner with the notice. The basic content of the motion will comprise of the orders of the final decree that have been violated by the other spouse and why he or she must be held in contempt of court.

If you find that your ex-spouse has not been keeping up with the obligations mentioned in the final decree of divorce, you must immediately take legal counsel and go ahead to ensure adequate action against him/her.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.