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Can contemptuous behavior be filed after the divorce for wrongfully removing the spouse from insurance during the divorce?

Houston, TX |

Due to time limitations the contemptuous behavior will need to be addressed after trial.

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Attorney answers 3

Posted

Generally speaking, probably not. As a general rule, once a divorce decree is entered, all acts and omissions occurring prior to the date of divorce are considered barred from future litigation. This is known as the doctrine of res judicata. If less than thirty days have elapsed since the decree was entered, it may be possible to move for a new trial, but keep in mind that such a motion, if granted, would roll the divorce back to square one and all issues and questions of property, custody, etc. that were resolved by the divorce decree would be fair game for litigation. I don't know what time limitations you are referring to which prevented filing a contempt motion earlier, but if you need to settle your mind on this question I would suggest consulting with a qualified attorney who could get all the facts necessary to answer your question in a confidential setting.

The information provided by this attorney is for general guidance only, and is not to be considered as advice specific to any particular person, legal matter, or case. For specific advice regarding any legal question or matter, you are encouraged to consult a qualified attorney in the appropriate jurisdiction. If you wish to consult with Mr. Little regarding your legal matter, you may contact him at (888) 404-0777.

Howard M Lewis

Howard M Lewis

Posted

Incredible answer-Great counsel

Posted

I am sorry that you are going through this. My collegue answered your question perfectly and I suggest that if you have any other issues consult his office. The only other thing I could add is that if the contempt is a violation of the court judgement then you may file a contempt for failing to abide by the court order or judgment. Take care and I hope that things get better.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

The divorce decree will likely end all the pending litigation. Do you already have a motion for enforcement/contempt filed against your spouse? If so, get it heard before the entry of the decree if at all possible. Once the decree is signed, it will likely end all obligations in force because of the temporary orders. Talk to your lawyer ASAP.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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