You aren’t done yet
Once you know the divorce is final, you can start to relax but there are still two issues that you may have to deal with. In some cases, there will be a need for:
Modification – There are some parts of your judgment that can only be modified by a judge after a hearing is held. The most common issues of this type are child support, alimony, child custody, and parenting time. Most of these cases require that you provide proof of a change in circumstance like a job loss or remarriage. If you and your spouse agreed during the divorce that an issue like alimony, for instance, would not be modifiable then that will be upheld and it cannot be changed.
Enforcement – If you or your spouse fails to follow the court order, then the Court has ways to enforce its orders. The most common enforcement scenarios are:
- If you failed to pay money you owed, the judge can order your immediate compliance and hold you in contempt of court. If you still don’t pay then they can order garnishment, incarceration and even have the sheriff seize and sell your property to get the money.
- If you fail to turn over property, fail to allow for child custody or you don’t allow the other party their visitation then you will normally be held in contempt of court. A motion for contempt will be filed and you will be served with a date to come to court. After the trial the judge will either order you to be put in jail or give you fines to pay.