Legal Question in Family Law in Maryland

Contempt of Divorce Agreement

I live in Delaware, but was married & divorced in Maryland final Dec 2000. I was awarded 3 yrs alimony which ended 2003, military death benefits and use of condo (now his) at ocean city, Md until 2010, 2-3 wks a yr. My husband seems to believe because I remarried July 2004 that this voids out the divorce agreement and now refuses to let me use the condo and says his atty will sue me. There is nothing that states about remarriage in the decree accept the alimony. Could you please tell me what I must do to keep him from threatening and harrassing me about this matter. I have had to travel to Maryland 3 times since divorce about his not allowing me use or leaving a key for access and all he gets is a handslap. Its a 2 hr drive and I don't know what I can do. I do believe I'm correct about this, but he insists and refuses to let me use it again, plus he says he is retiring and moving to Said Condo next year. Thanks for helping me, I do appreciate it.


Asked on 12/12/04, 5:36 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Contempt of Divorce Agreement

Presumably the agreement was incorporated into the divorce judgment and is therefore enforceable through the contempt powers of the court. If your right to use the condo was contingent free, he's in breach of that order and you can file a Rule to Show Cause in the MD court where you were divorced. The court will issue an order directing your ex to show cause why he shouldn't be held in contempt of court for failing to perform his obligations under the court order. Your agreement hopefully also contains a provision requiring a breaching party to pay the other party's legal fees incurred in having to take court action to enforce the agreement, and you should include a claim for such expenses in your court papers. If in lieu of being able to use the condo you rented other accommodations you should ask the court to order him to reimburse you for those costs.

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Answered on 12/13/04, 11:20 am


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