What if My Spouse Violates Our Divorce Decree in Illinois?

A divorce decree is legally binding and neither spouse is allowed to violate its terms. If your spouse does not abide by the agreement settled on during mediation or by a judge’s ruling, it is vital to work with a divorce attorney to clarify and resolve this conflict. Since there are many aspects to a divorce, there are different ways a spouse can violate a court order and each violation can carry different consequences. There is no one-size-fits-all punishment for violating the terms of a divorce.

Enforcing an Illinois Divorce - Contempt Proceedings

In general, when someone violates a court order, he or she is held in contempt of court. A spouse’s willful neglect to make child or spousal support payments, failure to comply with a parenting time order, and the refusal by one spouse to give specific assets to the other as stated in the divorce decree are all examples of violations. If your ex-spouse violates the terms of your divorce, you can file for contempt proceedings.

It is essential to try to communicate with your ex-spouse and learn if there was a reason that he or she failed to follow your divorce terms. There are many reasons a spouse may not be able to make child support payments on time. Sometimes, learning what mitigating factors might exist can lead to a resolution without court intervention.

If your ex-spouse is willfully disobeying any divorce terms or will not communicate with you, file a Petition for Rule to Show Cause. This petition requires your ex-spouse to explain to a court why he or she broke the terms of your divorce. Sometimes, just this step can help clear any misunderstanding and lead to a resolution. However, if your former spouse cannot give an acceptable reason for his or her actions, the court can hold your ex in contempt. Most likely, the court will issue an Indirect Civil Contempt violation. This violation gives the spouse one last chance to comply before facing jail time. A court will hold a spouse in Indirect Criminal Contempt if he or she repeatedly violates court orders. That means a jail sentence that cannot be terminated when he or she finally complies with the court order that he or she broke initially.