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My Spouse Isn’t Complying With Our Divorce Judgment: What Can I Do?


Divorce is stressful for everyone involved. Fortunately, finishing a case can bring closure to everyone as well. However, when one spouse is unwilling to adhere to the agreement set forth in the Judgment For Dissolution Of Marriage, things can get stressful and tense once again.

Unfortunately, issues like this are why many individuals find themselves back in Court long after a divorce is finalized. Luckily, you have rights and the opportunity to enforce your Court ordered arrangement well after the divorce has ended.

Returning to Court on Post-Decree Matters Isn’t Always to Make Changes

Though many couples return to Court after a divorce to reach a resolution on post-decree issues that must be amended, such as maintenance or child support, some couples must return because their former spouse isn’t following the Judgment. However, you can return to Court whenever it’s necessary to enforce orders.

The Court will hold your former spouse in indirect contempt of Court of he or she is willfully violating your Judgment. This means that they must prove that they have a good reason for violating the Judgment and if not, will be forced to pay a fine or in some more extreme cases, put in jail.

There are always other options you may consider to pursue as well. In fact, mediation is always an option, even after your divorce is complete.

Attending Mediation is an Alternative to Returning to Court

Mediation is a great option for couples who can (and are willing to) put their differences aside to reach a resolution. For example, if a couple is struggling to co-parent their children pursuant to the Allocation of Parental Responsibility Judgment drafted in their case, a mediator will help identify issues and reach a resolution.

Of course, mediation doesn’t always work. In cases that were particularly contentious before a divorce Judgment was entered, couples that have a history of arguing about issues rather than working to reach a resolution will likely fail in mediation. In these cases, you’ll be forced to reappear before a judge to ensure the Judgment is enforced.

Handle Post-Decree Matters With the Expertise of Lawrence R. Surinak Ltd.

At Lawrence R. Surinak Ltd., we’ve had over 35 years of helping individuals get on track with their lives after a divorce is over and issues with the Judgment or other documents arise. If you’re currently experiencing issues and need to enforce the agreements made in your case, our team can help.

Arrange for your free, 30-minute consultation by contacting a member of our team at 630-470-9990 or filling out our simple online form to find a time that best suits your schedule. We look forward to speaking with you and assisting you on any post-decree enforcement matters you may need!

Concentrated on Family Law

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

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If you need advice, help, want your questions answered or need representation, complete the form below and click the Submit button to request a free 30 minute confidential consultation.

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If your request is urgent or time critical, please call our office on (630) 470-9990

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About Attorney Lawrence R. Surinak Ltd.

Lawrence R. Surinak Ltd. is a law firm concentrating solely on family law and has served clients in DuPage, Will, Kane, and Kendall counties for over 35 years.

We continue to work with clients in Naperville, Wheaton, Lisle, Oswego, Downers Grove, and the surrounding areas to provide one-on-one support and attention that will help you through this difficult time.

If you have any questions or concerns, please feel free to contact us at any time. We look forward to offering our expertise and support to you throughout your case and after.