How to File a Contempt of Separation Agreement

Filing a motion for contempt for violation of separation agreement.

In both divorce and legal separation cases the parties enter into a separation agreement if they are able to negotiate a settlement of their cases. Once the settlement agreement is signed by the parties, the contract is filed with the court. The separation agreement is incorporated into the final divorce decree or legal separation order. Because the separation agreement is part of a court order, a party failing to follow the terms of that contract can be held in contempt of court.

Things You'll Need

• Motion to enforce settlement agreement
• Motion for contempt citation (order)

Instructions

1. Obtain a standard sample of both a motion to enforce settlement agreement and a motion for contempt citation from the clerk of the court. The clerk's office typically maintains some basic motion forms ofr samples for use by an individual not represented by attorney.

2. Complete the motion to enforce. The purpose of this motion is to obtain an order from the court directing the other party to comply with the terms and conditions of the settlement agreement and divorce decree or legal separation order. Set forth the specific provision or provisions of the settlement agreement lacking compliance.

3. Complete the motion for contempt citation. The purpose of this motion is to obtain court-ordered sanctions against the other party for failing to comply with the standing order of the court. Indicate which section or sections of the settlement agreement are in question.

4. File both motions with the clerk of the court.

5. Send copies of both motions to the other party.

6. Request a hearing for both motions from either the clerk of the court or from the administrative assistant of the judge assigned to the case.

7. Notify the other party of the date and time of the hearing.

8. Attend the hearing and present evidence--documents and testimony--and your arguments supporting the need to enforce the separation agreement and to sanction the other party for non-compliance through a contempt citation or order.

Tips & Warnings

• Consider hiring an experienced family law attorney to represent you in seeking a contempt citation or order and enforcement of the separation agreement. Although these organizations do not make specific recommendations of individual attorneys, the state and local bar associations likely maintain directories of attorneys that practice family law. Contact information for these groups is available through the American Bar Association:

• American Bar Association

• 321 North Clark Street

• Chicago, IL 60654-7598

• [phone]

• abanet.org

References

• "Essential Guide to Divorce"; Emily Doskow; 2008
• Cornell Law School: Divorce Overview
• "The Divorce Organizer & Planner"; Brette Sember; 2004

Resources

• American Bar Association: Section of Family Law
• American Bar Association: Directory of State and Local Bar Associations