Divorce Order

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Today every society in the world faces certain issues like poverty, unemployment, illiteracy, crimes, etc. These issues blemish the glory of human civilization. Divorce is a serious social issue that leads to the breaking of a happy family. In this fast-paced world, every human being is running to achieve his/ her self-satisfying goals and in this pursuit he/ she do not think of disregarding the interests of the family. Love ends, doubts appear, conflicts begin and ultimately the relationship breaks. When a married relationship breaks, it gives rise to a lot of problems. To eradicate these problems and provide justice to spouses, divorce laws and regulations are formed. Couples take their personal matters to the court and the court issues divorce orders once it is proved that the marriage cannot be saved at any cost.

How a court grants a divorce order?When a couple files for a divorce case, he/she need to follow certain procedures. The case may be a contested or an uncontested one, but you have to complete all the needed paperwork and submit the legal documents to the court. You have to provide proof for the grounds for divorce. The court will consider all issues like child custody and support, visitation rights, alimony, property distribution and make decisions that will benefit both the parties and their children, if any. The divorce is accepted and the orders are issued when both the parties agree to the divorce and also when the court considers that their marriage should be broken for the benefit of both.

A divorce is confirmed when the judge signs the decree. The final decree of divorce is kept in the important office records of the courthouse, where the case has been fought and a copy of the same is mailed to the spouses.

Violation of the divorce orders:Sometimes it is found that some individuals might not follow the court orders. The court is empowered to enforce the divorce orders via contempt. Incarceration of such a person is the most extreme step a court can take.

Initially, the court tries out some less drastic steps than imprisonment to test whether the person is amending his/ her behavior and executing the divorce orders. The concept of 'Contempt of court' has been detailed below.

When an obligated spouse intentionally disobeys the divorce orders despite having the capacity or ability to comply with it, this action is termed as 'contempt of court.' When the court detects such contempt, the court has the freedom to incarcerate this spouse till he/ she complies with the order. Contempt of court has very harsh repercussions. The court looks at it as a last resort to compel a spouse to obey divorce orders. The Family Court Judge hears motions for contempt. Some examples of contempt of court are as follows-

  • Let us assume that a custodial parent denies the non-custodial parent his/her visitation rights. In response, the non custodial parent ceases to disburse child support. Both these actions are treated by the court as 'contempt'
  • Another example is that a non-custodial parent refuses to disburse child support. In response, the custodial parent does not permit contact between the child and the non custodial parent. These actions are also treated as 'contempt'
  • When one divorced spouse detects that the ex-spouse is not complying with the divorce orders, he/she can file a petition or motion to enforce the divorce orders. This petition or motion has certain features which are described here-
    • It consists of the following information-
      • The date of the divorce order that this spouse wants enforced
      • The details of this divorce order
      • What section of this order is not being observed by the other spouse
    • A statement that the other spouse must pay the costs of filing the petition or motion to enforce the preparation of the hearing and attending the hearing
  • The petition to enforce must be accompanied by an affidavit (sworn statement) of the complaining spouse. This affidavit must describe how the divorce order is being violated. The complaining spouse must sign the motion in the presence of a notary public. The complaining spouse must serve the other spouse with the petition or motion to enforce the affidavit and relevant paperwork

The aim of any court order is to enforce a person doing or refraining from doing certain things for the betterment of himself or herself. Divorce orders, are issued so that the spouses can separate legally and follow all the do's and don'ts as mentioned in the orders. You might not like certain orders issued by the court and so work in such a way that will give happiness to you. But remember this happiness will surely be short-lived, because you will be gradually stepping towards a dark future where you cannot make any attempt to go back and sort out past things.

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