Enforcing & Modifying Divorce Agreements

January 04, 2019

What Is a Divorce Agreement

divorce agreement

A divorce agreement goes by many different names depending on where you live. You will often hear a NY family lawyer refer to it as a divorce settlement agreement or a marital settlement agreement. No matter what a New York divorce attorney calls it, it all means the same. All that matters is the purpose, which is to get the terms of property division, child custody and spousal support memorialized for separating or divorced couples. 

How Do I Make Sure a Divorce Agreement Gets Enforced?

It is quite common for an ex-spouse to violate a divorce agreement in part or in its entirety. It is also possible and common for both parties to be in violation of a divorce agreement. First of all, it is important to remember a divorce agreement comes from a court and is signed by a judge, so habitually breaking it is not something anyone’s attorney would recommend. The best thing to do first is get documentation, which can be accomplished by:

  • Write down the infractions with the dates and time noted.
  • Record any audio proof using phone or digital recorder, and it is legal because it is not done third party.
  • Record any video proof

Then, take the evidence to your attorney. Your lawyer will know what to do, but if you have to do it yourself without the help of a quality NY family lawyer, then contact the judge’s clerk. Next, tell the clerk what the violations. The parts your ex is violating will determine what recourse you can take. Depending on what the clerk tells you depends on whether it is necessary to file a motion of enforcement or contempt. 

Although this can be done by you, motions and self-representation are tricky. It would be prudent to contact a NY divorce attorney. Finally, if you are experiencing problems making a motion of contempt necessary, then it is even more prudent to get a lawyer with a sterling reputation like Nicole Muscente contact us today.

How Do I Modify a Divorce Agreement?

You should make a reasonable list of changes and discuss what you would like changed with your ex, compromise if needed and contact the Law of Nicole Muscente to meet with a qualified New York divorce attorney. Your attorney will file a motion for modification. The court might require modification before making a decision.