Ex Ruining Your Credit? How To Enforce Your Divorce Decree Without A Lawyer

Getting a divorce is fraught with complications, especially if your ex has bad credit. You think you have moved on, but there is a chance that you could be rejected for a new credit card or a car loan, completely unexpectedly.
That’s why it is important to keep track of all 3 of your credit reports after a divorce and to check them regularly. Keep an eye out for debts that were solely your ex’s.

Next, let’s discuss how to enforce a divorce decree without hiring a lawyer.

 

Enforcing the Divorce Decree without a Lawyer

A divorce decree or divorce judgment is a court order that must be followed by yourself and your ex. If either of the spouses fails to follow the decree, the other spouse has the right to take steps to enforce the order.
The most common violations of the divorce decree include failure to pay debts, not dividing the retirement plan according to the court order and not listing the family home for sale.

Failure to Pay Debts

The court decides who is responsible for the payment of the debts, including credit card debt. If your spouse fails to pay what they are supposed to, then you have every right to file a motion to show cause for contempt, for failing to comply with the court orders.

A contempt proceeding will be held where the judge gives your spouse a second chance and another opportunity to comply with the court order. If they still fail to comply within the time allotted to them and have no reasonable excuse such as being unemployed and making an earnest effort to find a new job, the court can very well order jail time to force your spouse to follow the order.

Here’s a quick Step-by-Step Guide to Enforcing Divorce Decree without a Lawyer

Step 1: Get in touch with the courthouse in the county that issued the divorce decree. Speak to the judge’s law clerk or with the court clerk’s office and explain how tour spouse is violating the divorce decree.

Step 2: Next, based on the instructions received from the court, file a motion for contempt or enforcement. Fill up the forms given by the court clerk and file them under the docket number that is written on your divorce decree. Also, attach a copy of your decree.

Step 3: A court hearing will be held to address your issue. You will be given a date for the hearing by the court clerk. It’s possible that you will get less than what you had expected. The judge may issue your ex a warning and issue another court order directing them what to do within a specific period of time.

Step 4: If your spouse still doesn’t comply, file another motion with the court. Attach the copy of the divorce decree and the recent court order with your motion. This time, the judge is likely to take a more stringent stand at the court hearing and order punitive sanctions against your ex, including payment of your court costs, restrict their visitation of the children and possibly a jail term. The judge may direct a lien against your ex’s property if they owe you money or intercept their tax refund.

credit repair

 

Attachment of Your Ex’s Property

If your ex would rather stay in jail than follow the decree, then you will have no choice but to hire a lawyer and enforce the judgment by having your ex’s property seized. You will need to demonstrate to the court that you did your best to persuade your ex to comply with the decree, along with documentary evidence to prove the same, such as a copy of a letter requesting a resolution of the dispute. The court orders the enforcement of the judgment by issuing a writ of attachment, which grants you the permission to attach your ex’s property.

Elizabeth Roberts

Elizabeth Roberts

Liz Roberts and her team are continuously providing information to people who are ready to repair their credit and improve their credit score. Also NewHorizon.org team strives to empower the homebased and small business owners by bringing information that can help them to manage and grow their businesses. Let our 24+ years of business finance experience help you to get the financing you need! CONTACT US if need financing for your business.

2 Comments
  1. I just had to remove something off my credit report that’s my exes and his new wife problem. Not sure why they would put it on mine but they did. It’s a hassle and can’t wait for his debt to be cleared up.

    • Hi Jamie,
      You would be surprised at how often that happens! Make sure to monitor your credit! This probably won’t be the last time your ex’s bad credit finds its way onto your credit report unfortunately!

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NewHorizon.org is an independent, advertising supported website. The owner of the site may be compensated in exchange for featured placement of certain sponsored products and services, or your clicking on links posted on this website. NewHorizon.org has not reviewed all available credit card offers in the marketplace.

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