Q: how do I file for a violation of contract when my ex wife does not follow through on her part of the judgment /divorce
how do I file for a violation of contract when my ex wife does not follow through on her part of the judgment for divorce ? It's been four years since we divorced and I have tried to be patient with her cause I know that she's been struggling. I finally said enough is enough and sent her a notice that I intended on taking her to court and get the house that she was suppose to transfer into her name four years ago. has I went to fill out the paperwork they said that it had to be no more than two year from the divorce date so , How do I petition for a violation of contract by her Not Holding up her end of the agreement in the Divorce Decree ?????
A:
A judgement in a divorce would not be subject to contractual remedies unless it was a stipulated Judgment. A stipulated Judgment is basically when the parties reach an agreement and they both sign the Judgment as having stipulated to the Judgment and a Judge will also sign the Judgment.
The clerk of the court is not allowed to give legal advice and should not be telling you what you can and can't do. You may very well have a remedy for contempt of court if the Judgment was written in such a way that it is clear that your ex was ordered to do something by a set date and she failed to do what she was ordered to do. There may be other ways to deal with this.
Your first step is to make an appointment to go and see an attorney and discuss the situation. The attorney will need to review the exact language of the divorce decree.
This type of problem is best avoided by having an attorney who helps you with the divorce judgment language and who drafts the Judgment so that there are terms that can later be enforced. But the terms also have to be practical. I am going to guess that this isn't about her transferring the house into her name but rather about taking your name off the mortgage. As a practical matter if she can't qualify for refinancing the house into her name alone she not going to be able to get this done and I suspect that is what the real problem is.
Assuming I am correct, maybe your best solution is to help her look for a loan she can qualify for. By that I mean do some research and see what loans she might be eligible for or investigate if there are any programs that might help her. Interest rates have started going up so this is going to make it even harder to qualify for a loan.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
