Legal Question in Family Law in Georgia

Contempt of Divorce

My spouse has not lived up to the terms of our divorce. Someone told me to check out the term ''contempt of divorce'' to see if there was anything I could do. We have a four year old daughter together. My wife has since remarried and has another child. I am engaged to be married soon. I do not want to do anything that will hurt my child from the divorce, however, my ex is making my financial life miserable.

I had no lawyer in the uncontested divorce and we only used hers. What to do?


Asked on 10/21/02, 1:55 pm

1 Answer from Attorneys

Byron Sanford Briskin, Cross & Sanford, LLC

Re: Contempt of Divorce

Proceedings seeking to have a person failing to comply with the terms of a divorce decree held "in contempt of court" are a common means of enforceing the terms of a divorce decree. Essentially this type of action seeks to have the court punish the offending party for failing to abide by the court's order. The punishment can include requiring the offending party's compliance with the decree or punishment in the form of either monetry fines / penalities or, in the most serious cases, jail.

The question of whether such a court action would be appropriate in your situation would depend on what terms of the court decree your ex-wife is breaking.

Courts are particularly keen on enforceing provisions regarding alimony, child support and child custody. They also often are involved where there are violations of visitation provisions or the handling of marital debts and assets.

How a Court will react to a given set of circumsntaces will vary greatly depending on the facts of the case and the judge to which the case is assigned. I would suggest that you contact an attorney who practices in the jurisdiction where the divorce decree was entered to discuss your issues in greater detail and obtain more specific advice about what enforcement options may be most appropriate in your circumstances.

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Answered on 10/21/02, 2:05 pm


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