In the course of your divorce, the family court may issue a range of orders, including visitation and custody determinations, orders to pay attorney’s fees, and divisions of property. When an ex-spouse (or soon to be ex-spouse) is not following the court’s orders, it’s natural to want a means to force him or her to comply and, in certain cases, contempt may be the answer. However, before turning to this solution, there are two important things to note:
1. This area of law is highly procedural. We do not recommend filing a contempt action, or responding to one, without legal assistance.
2. Family law is not a punitive system. This is a good thing — we want judges to be more focused on individual and familial well-being then on punishment. However, it also means that family law judges often disfavor contempt orders.
Yet, there are times when contempt is appropriate. Sign up for a free subscription to read on about the basics if you or your spouse is considering filing for contempt