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

Asked in Atlanta, GA - almost 4 years

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

Attorney Answers (2)

Damon Sharad Bivek

Marietta Divorce / Separation Lawyer

Licensed in GA

Answered almost 4 years ago. 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!

Flag