Georgia Post-Divorce Contempt
A divorce decree is a legally binding document. This means that both parties must comply with the terms, and failure to do so can lead to legal repercussions.
When one party fails to comply with the terms of the divorce decree, he or she is said to be in contempt. If this occurs, the other party may file a contempt action to enforce the terms of the divorce.
Violations of Divorce Decree
Examples of potential violations include:
- Failure to pay child support or alimony
- Failure to comply with terms of child visitation
- Failing to comply with asset division procedures, such as refusing to sign a quitclaim deed for the marital residence that has been awarded to the other spouse
Proving and Defending a Contempt Claim
The burden of proof in a contempt claim lies with the party filing the action. He or she must show that the other spouse willfully violated the terms of the divorce.
In order to defend a contempt claim, you must show that the violation occurred due to circumstances that are beyond your control, such as illness, injury or an involuntary loss of employment.
Claiming that you simply did not realize the full implications of the divorce decree will not be a viable defense; you must be able to show that you have made a good-faith effort to comply with the terms.