Divorce agreements are legally binding documents that outline the terms and conditions of the separation, including issues such as child custody, spousal support, property division, and more. However, there are instances where one party fails to honor the terms of the agreement, causing frustration and uncertainty for the other party involved. Here is what to do when a divorced party doesn’t honor the agreement and steps you can take to address the situation effectively.
1. Review the Divorce Agreement
The first step in addressing a breach of the divorce agreement is to carefully review the terms outlined in the document. Make sure you have a clear understanding of your rights and obligations as stipulated in the agreement, including any provisions related to child custody, visitation schedules, financial support, property division, and other pertinent matters.
2. Communicate with the Other Party
If you believe that the other party is not honoring the terms of the divorce agreement, it’s essential to open lines of communication and attempt to resolve the issue amicably. Schedule a meeting or conversation to discuss your concerns and express your expectations regarding compliance with the agreement. Approach the conversation with a calm and rational demeanor, focusing on finding a mutually acceptable solution.
3. Document the Breach
Keep detailed records and documentation of any instances where the other party fails to comply with the terms of the divorce agreement. This may include missed child support payments, violations of visitation schedules, refusal to transfer ownership of property, or any other breaches of the agreement. Documenting these incidents will strengthen your case if legal action becomes necessary.
4. Seek Mediation or Arbitration
If direct communication with the other party proves unproductive, consider seeking the assistance of a mediator or arbitrator to facilitate negotiations and resolve disputes. Mediation or arbitration can provide a neutral and impartial forum for parties to discuss their concerns, explore potential solutions, and reach a mutually agreeable resolution without resorting to litigation.
5. Consult with an Attorney
If attempts to resolve the issue through communication, mediation, or arbitration are unsuccessful, it may be necessary to seek legal counsel and explore your options for enforcement of the divorce agreement. An experienced Maryland family law attorney can review the terms of the agreement, assess the merits of your case, and advise you on the best course of action moving forward. Depending on the nature and severity of the breach, legal remedies such as filing a motion for contempt, modification of the agreement, or enforcement of financial obligations may be pursued.
Consult with Experienced Divorce Attorney, Alan Billian
Navigating a situation where a divorced party fails to honor the agreement can be challenging and emotionally fraught. But here at Billian law, we take pride in being able to offer effective meditation and representation. Contact us today to schedule a free 30-minute consultation and learn more about how we can help you.
