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Where Do I File a Motion for Contempt of a Divorce Decree?

Where Do I File a Motion for Contempt of a Divorce Decree?

Q: What is the hardest state to get a divorce in?

The difficulty of obtaining a divorce can vary based on individual circumstances, but some states, like New York, have a reputation for being more complex due to their laws and procedures. Factors such as waiting periods, residency requirements, and the need for legal representation can contribute to this perception.

Q: Can you get married in another state if you are not divorced?

No, you cannot legally marry someone else while still married. If you attempt to marry in another state without finalizing your divorce, the new marriage may be considered invalid. It's essential to finalize your divorce before entering into a new marriage to avoid legal complications.

Q: What determines what state you file for divorce in?

The primary factors that determine where to file for divorce include residency requirements and the location of marital assets. Typically, at least one spouse must reside in the state where the divorce is filed. Each state has specific laws regarding how long you must live there before filing.

Q: What happens if you get divorced in a different state?

If you get divorced in a different state from where you reside, the divorce may still be valid as long as the court had jurisdiction over the case. However, enforcement of orders related to child custody, support, or alimony may require additional steps in your home state, as laws vary by state.

Full question:

My ex-husband and I were divorced in the state of NJ. Since we both have moved to different states_ He is living in AZ and I am living in Fl. Our Divorce Decree stated that he was to pay Alimony for 10 years from the date of the final divorce March 1, 2002. My alimony would have expired March 1st 2012. In doing so I waived any claim to permanent alimony beyond the ten years. May 2011 was the last payment he made . He was to pay 150.00 a week. My question is do I file a motion to the courts in the state that he lives or where I live? This happened once with the medical and college that he was ordered to pay. I found a lawyer to take my case in California where he lived and paid 4,000.00 dollars and then my ex moved and nothing could be done. I don't have the money to pay a lawyer again as I have two of our children in school. Please help me.

Category: Contempt
Date: 04/07/2025
State: Florida

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. In Illinois, to find a person in contempt, you may file a Petition for Rule to Show Cause and complete the Notice of Motion

If the former spouse fails to maked required payments, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.

A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not typically modifiable by the court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does it matter what state you file for divorce in?

Yes, it matters which state you file for divorce in because each state has its own laws regarding divorce, including residency requirements, grounds for divorce, and division of assets. Generally, you should file in the state where either spouse resides. This ensures that the court has jurisdiction over the case and can enforce its orders.