I AM NOT A LAWYER…BUT, I was told if separation papers were incorporated into the divorce decree, it is contempt of court, not just a breach in contract. I sympathize with you, my ex also is impossible to communicate with. Best of Luck!
Fefe
Enuff, I can relate to you because mine is the same way!
I think they both need to get over there bruised ego’s and be aman and communicate!
No one wins in divorce only the Lawyers do!
Dear Enuff is enuff:
Yes, you may be able to hold in either/both criminal and civil contempt. The law here is rather tricky, so let me explain. Criminal contempt is for punitive (punishment) and is only handed out when a party fails to follow a specific court order/directive to that person (for example, they fail to appear for a motion to show cause). Civil contempt is more general and goes along with the breaching of a court order. Ask for both and see what you get!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
When a court order has been issued in a divorce and one party purposely avoids contact with people necessary to carry out part of the court order is that considered contempt, and is it criminal or civil? I am out of state, my ex resides in the house in NC, which according to the court order was to be listed for sale immediately, yet nothing has been done. I have contacted a realtor, and yet my ex will NOT return any phone calls or answer any calls from anyone involved. This has been going on for about three weeks. I can do nothing without his cooperation, yet he makes it impossible to speak to him. [:(!] Did I fail to mention he has stalled on this whole situation, not just the final court order, for over two years? The divorce IS final, but the court order took in excess of 4 consent orders, and over two years.