Moving to have a spouse held in contempt can occur during a divorce case. This happens when one party doesn’t follow an Agreement or Court Order. Since each state has its own set of rules, working with a local divorce lawyer will provide the guidance you seek. Consider the following frequently asked questions and answers to determine the best way to proceed.

4 FAQ About Contempt Charges in a New York Divorce 

What is contempt of court?

It is willful disobedience to a lawful mandate of a Court that a party is on notice of. It can be civil or criminal. In divorces, it is rarely criminal unless it involves violation of an Order of Protection. Once a court makes an Order, each party is bound to follow it until it is changed.

Can I seek to hold my ex in contempt for not complying with a divorce decree?

If it is willful disobedience, you have every right to seek a Judgment of Contempt. Popular reasons for doing so include nonpayment of child support, refusing to divide property, or violating child custody rules

What is the process for filing contempt charges in New York?

There must first be a valid and enforceable court order. You must to prove your ex had full knowledge of the Order and willfully violated it. The remedy is usually sought by filing a Petition or Motion with the Court. Sometimes, the police can become involved if there is domestic violence and a violation of an Order of Protection.

Can I petition the court without hiring a divorce lawyer?

Yes. There is a Support Enforcement/Violation Petition form available online through the United Court System that you can simply fill out and file with the court. However, Contempt Petitions present strict proof issues and hiring an experienced divorce lawyer is recommended. Otherwise, you may end up wasting a lot of time. Contempt is not granted lightly and Judges require a high level of proof, due to the possible penalty of incarceration.

If you’re in need of legal advice, reach out to Thomas A. Corletta, Attorney & Counselor at Law in Rochester, NY. With nearly 40 years of experience, this divorce lawyer understands the unique New York rules and will ensure everything is in order before presenting your case. In addition to family law, Mr. Corletta concentrates in criminal defense, DWI, traffic violations, and bankruptcy. You can find a full list of services on his website and call (585) 546-5072 to set up a consultation.