During the divorce process, you’ve likely spent plenty of time hashing out details with your attorney and prospective ex-spouse. Once the agreement has been finalized and you’re ready to move on, it can be frustrating to learn that your ex is not complying with the established court orders. If you’re wondering what action to take, use the following guide to gain a better understanding of divorce and contempt charges.

What You Should Know About Divorce & Contempt Charges in Nebraska

What is contempt of court?

If you are ordered by the court to do—or refrain from doing—something, you’re expected to comply with the directive. If you don’t, you’ll be held in contempt of court. This means that you have disobeyed a judge’s order, and you may be subject to civil or criminal penalties.

Can you charge your ex for not complying with a divorce decree?

If your ex-spouse has failed to follow through with a court-ordered divorce degree, you may be able to charge them with contempt. Instances of contempt could include them refusing to return your child home after their scheduled visitation, moving to another state without permission, or failing to pay child support.

What is the process for contempt charges in Nebraska?

Before you can file a motion for contempt, you must prove that your ex was aware of the court order—like if they were present at the hearing or signed for document deliveries. You’ll also need to show that they violated the order with no reasonable excuse to do so. 

Using this evidence, you can fill out the necessary forms and take them to the clerk of the district court where the order was issued. The judge may choose whether or not to sign the Order to Show Cause. If it is signed, you must arrange for the sheriff to deliver a copy to your ex-spouse. After they receive the notice, a hearing is scheduled where both parties must be present to deliver your arguments.

Can I petition the court without hiring an attorney?

The forms you will need to file may vary depending on the type of court order your ex-spouse violated. Since evidence is a crucial aspect of the motion, it can be hard to handle this process on your own.

While an attorney isn’t legally required, hiring one will significantly increase the odds of a successful motion and compliance from your ex-spouse. They will also represent you during the hearing, which is a valuable tool in a high-stakes legal environment and in the simultaneous confrontation with your ex.

If you’re looking for assistance and representation in filing a motion for contempt, turn to Payne Law Office in Lincoln, NE. This firm is led by attorney Stephanie Payne, and the team is committed to helping area families work through the challenges of divorce. Whether you’re dealing with matters of custody or paternity, their team offers punctual and attentive service. Call (402) 477-7246 to learn more about family law and schedule a consultation.