How can one sue for non compliance of divorce decree if the 1st broke it years ago

Asked about 5 years ago - Atlanta, GA

my ex wife is sueing for non compliance of the divorce decree but she broke it years ago

Attorney answers (2)

  1. Damon Sharad Bivek

    Contributor Level 12

    Answered . If your Ex-Wife is filing for Contempt, and alleging in her Petition that you failed to live up to some of your obligations under the divorce decree, and she has herself failed to comply with some provisions of the divorce decree, then you may be able to successfully assert an "unclean hands" defense. When a Judge considers whether or not to find someone in Contempt, he/she looks at the conduct of both of the parties, and whether or not your actions are willful. You need to provide some more specific information for an attorney to be able to better answer your question. Your best course of action may be to file your own Motion for Contempt against your ex-wife for her failures under the divorce agreement, and then negotiate a deal where you both agree to drop your Contempt Motions in exchange for both of you fulfilling your ends of the original divorce settlement. Hope this helps!

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    Answered . It's impossible to answer your question as posted. What is she saying you did? What are you saying she did?

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Decree

A divorce decree is the order a judge will issue that finalizes a divorce after proceedings have ended.

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