How do I get ex-wife to comply with divorce decree?
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How do I get ex-wife to comply with divorce decree?
Ex wife has belongings that divorce
decree states are mine. I have tried for
2 years to get her to return them but
she always has an excuse. What are my
options?
Asked on March 19, 2018 under Family Law, Alabama
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your recourse is to pursue contempt of court against your ex-wife for failure to comply with the terms of the divorce decree.
You will need to file with the court an Order to Show Cause for a hearing on the contempt of court claim. Call the court clerk to schedule a hearing. On the Order to Show Cause, list the date, time and department of the hearing. With the Order to Show Cause, file a declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. Also, file any other documents, items, etc. that are supporting evidence of your contempt of court claim. You also want to file a proof of service (court form).
After filing your documents, mail a copy of your court-filed documents to your ex-wife including the proof of service. Mailing the copy of the documents to your ex-wife provides her with notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if any other documents are required to be filed for a contempt of court claim because the required documents may vary from state to state.
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