Do You Have to Follow the Divorce Decree?
What Is the Divorce Decree?
A divorce decree is an order from the court that outlines the terms of your divorce. When you sign your divorce documents, it’s like signing a contract: my ex gets this, I will see the children on these days, I will pay this much alimony, etc, however, the consequences for breaching a contract aren’t usually as steep as the consequences for disobeying an order. Basically, a Divorce Decree outlines the arrangements that will be made post-divorce. A judge may need to enter an order if the couple cannot come to an agreement, or the couple may reach an agreement by themselves, or with the help of a mediator. When the court signs your divorce decree, you and your ex are expected to follow the orders of the court–and there may be legal consequences for failure to do so.
Do I Have to Follow the Divorce Decree?
Yes, but maybe no. While it may sound like you need to follow the decree based upon the previous paragraph, you and your ex can agree to have a more relaxed arrangement if necessary. For example, if you and your ex have joint custody, but your ex is going to spend the summer overseas with his parents, you and your ex can agree to allow the child to spend the summer with you. If you and your ex are going to agree to deviate from the order, it should be done in writing. However, if you don’t want to follow the divorce decree, but your ex does, you will have to follow the divorce decree. There are some issues where you will not be able to deviate from a court order. When it comes to child support, the money belongs to the child, not the parent. So, you and your ex cannot agree to just not do child support once the child support has been ordered.
What’s the Point of a Divorce Decree?
Divorce decrees are designed to prevent the couple from going to court every time they cannot come to an agreement. So, if you can’t decide where the kids are spending Christmas, pull out the divorce decree, it should tell you. Problems occur, however, when parents assume that they’re amicable and, therefore, do not need a divorce decree that sets firm expectations for the post-divorce arrangements. It’s not a good idea to write “It’s whatever” in as your parenting plan, assuming that you don’t need a detailed one because you’re amicable. You may be amicable now, but you may not always be amicable. Especially when your ex does something that upsets you, or your amicable relationship begins to break down, an extremely lax parenting plan will no longer cut it.
When Terms Are too Vague
When terms are unclear, it can cause problems because parents may need to go to court and get the issue resolved if the issue is not addressed in the decree and the parents are unable to come to an agreement. However, if the terms are clearly stated in the divorce decree, the spouses can solve the issues for themselves and move on more quickly. This can reduce drama and tension, which is particularly important if you and your ex have children and are co-parenting. This tends to be a problem with do-it-yourself divorce decrees where the parties don’t have attorneys to advise them of the ramifications involved with the decisions they’re making in their divorce decree. If you do plan on using a do-it-yourself divorce platform. One like SimpleEnding may be your best option since SimpleEnding has built-in protections to prevent users from creating divorce decrees that will cause problems post-divorce.
Can’t You Just Change the Decree?
A Divorce Decree Is a Court Order
Yes, you have to follow your divorce decree. Once a judge signs it, the decree is a binding court order, not a suggestion. It sets out each person’s obligations for property, support, and parenting, and both parties are legally required to comply. Ignoring it can bring real consequences.
What Happens If Someone Does Not Comply
If your former spouse violates the decree, you can ask the court to enforce it, often through a motion or an order to show cause. A judge can order compliance and may impose penalties for willful violations, including fines, makeup parenting time, wage garnishment for unpaid support, or even contempt of court.
What If the Decree No Longer Fits?
Life changes, and sometimes a decree becomes hard to follow. The answer is not to ignore it but to ask the court to modify it. Until a judge approves a change, the existing order stays in force. Whether you need to enforce or change an order, a Salt Lake City divorce attorney can guide you.
Protect Yourself
Keep records of compliance and any violations, and act promptly if there is a problem. Documentation makes enforcement far easier. Contact our team if your decree is being ignored or no longer works for your situation.
Frequently Asked Questions
What happens if I ignore my divorce decree?
You can face enforcement actions, including fines, garnishment, or contempt of court for willful violations.
Can I change my decree if my circumstances change?
Yes, by filing to modify it. Until the court approves a change, you must keep following the current order.
Yes, in some instances you can change your divorce decree. However, “just changing the decree” is a lot more difficult than it sounds, and there may be situations where it would be more difficult to modify the decree. In some cases, it may be impossible to change certain terms of your divorce decree. Even if you can change it, changing the divorce decree can be very expensive, especially in cases where your ex does not agree with making the changes. It is conceivable that you could spend a lot of money attempting to get your divorce decree changed, only to fail in doing so. For this reason, it is important to make your decisions wisely when you’re deciding on the terms of your divorce.
Getting Divorced?
At CoilLaw, our attorneys have the experience and dedication to help our clients get the best outcome possible. If you and your spouse have decided to divorce and you’re looking for an attorney who will fight for your rights and help you protect your family, contact CoilLaw today for a free consultation.
