My ex-husband and I got divorced in Georgia, he was ordered to pay half of the bills and he has paid absolutely nothing in 7 months...so i would like to get him held in contempt of court. He now lives in Kentucky and I live in Georgia. I need to know the process to domesticate my divorce decree in Kentucky to hold him in contempt.
I am not going to answer the question regarding the process of domesticating the order in Kentucky. Why cause yourself to have to travel to Kentucky to enforce the order? There is no point in you put yourself under an unnecessary burden.
The GA court that issued the divorce decree retains jurisdiction, over the subject matter and the parties, for enforcing it. Thus, it would be proper for you to file a complaint for contempt against your ex-husband in the county where the decree was issued. The only "special" step you will have to take is forwarding a copy of the complaint to the sheriff/marshall of his county in Kentucky so that they may serve him with process.
It is advisable that you retain an attorney to assist you in your contempt action. But I'm sure you know that, and have your reasons for trying to go this alone. I therefore will suggest that you at least have an attorney look over what you're doing before you actually file. The few $ you spend on a one-time consultation may save you a lot in the long run (and may even possibly be reimbursable).
Good luck enforcing your order.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
I would suggest that you get the court order from Georgia, and then have it registered in Kentucky under the "full faith & credit clause of the US constitution."
Hope this perspective helps!
The Georgia Court that entered the Final Decree of Divorce has the power to enforce its own Order by Motion for Contempt. Although you could take the route of domesticating the Order and enforcing it in Kentucky, why would you want to travel to court and hire an attorney in another state when you can have him served in Kentucky with a Motion for Contempt in Georgia. That way he would have to travel to court, rather than you, and you can use a local attorney.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
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