What's the process for starting action against ex?


#1

who has not followed the separation agreement (which was submitted/approved with final divorce decree)?

Can I do this without a lawyer? Is there a place I go to fill out forms and request a hearing?

My separation agreement also states that if a party fails to uphold the agreement and forces the other to go to court to seek assistance that the losing party will pay all court/legal fees. Is this something the court will hold him to for not following the agreement and making me take action? Would it be worth using an attorney in that event?

Thanks!


#2

They can be held in contempt for violating a court order. You must file a motion for contempt which includes your allegations regarding how the Order is being violated, the clerk can then issue and Order to show cause which will set a court date for the matter to be heard, and orders the other party to appear and explain why they are not complying with the order.

You may do so without a lawyer, but according to your agreement, if you win, will be reimbursed for attorney’s fees. I suggest you at least meet with an attorney to get a feel for what your local judge’s attitudes are regarding the issue of contempt you allege, and awards of attorney’s fees.