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Enforcement Issues Relating to Divorce

What if my spouse doesn’t follow the language of the Decree? What can I do?

In Utah, if you want the Court to do something, you will need to ask. Procedurally, you do this by filing a motion. Attorneys file motions for all sorts of things, but if your former spouse isn’t following the language of the Decree… You can Motion the Court for an Order to Show cause (OSC). In Utah, a party in a case may request that the Court issue an Order, which requires that the offending/ disobedient party, appear before the Court and show cause why they should not be held in contempt. Case law provides that if a party knew of the Court’s order, had the ability to comply, and willfully or intentionally decided otherwise, then the Court can hold the offending party in contempt.

Well… What does that really mean? It means that the Court can use its power to make things right.  If you disobey the Court, it can potentially result in jail time for the offending party, as well as an award of attorney’s fees in favor of the party that motioned for the OSC. OSC’s can also have other severe consequences. If you need help with your case, give us a call today.

 

[This information is not intended to be a substitute for legal advice. These statements are opinion only. IF you have questions, seek the advice of an attorney]