Legal Question in Family Law in Virginia
How do I enforce a property settlement agreement that is already on file in the state of Virginia?
Asked on 10/03/09, 2:05 pm
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
There are two ways to enforce a PSA which has been included in a divorce decree and the parties ordered to abide by its terms. One is to sue in civil court on the contract (the PSA), asking for monetary damages for the breach(s). The other way is to have the court which incorporated the order in the final decree issue an order to the violating party to come to court and show cause why they should not be held in contempt for failure to abide by the PSA. In this approach the court has the power to compel performance by incarceration, if necessary, and the court is not limited to money damages for noncompliance.
Answered on 10/08/09, 2:55 pm