Enforce Property Division Orders in Wisconsin
After a divorce is finalized and both parties must execute the distribution of property in accordance with the order. If either party fails to execute they will be in contempt of court.
Being in contempt of court does not only apply to property division orders, rather this applies to any court order that is not followed. In divorce cases, these most commonly include property division, child support, alimony as well as adhering to the agreed upon plan for the custody and placement of children.
In the case of property division, if your ex-spouse is not following the agreed upon property division order you may file a motion with the court describing the harm.
After the other party is served the court will hear the motion. If the court finds your ex-spouse in contempt of the court can order them correct the issue as well as order sanctions or penalties for failing to follow through on the original order.
In many cases the court will set purge conditions, giving your ex the opportunity to resolve the issue in a certain period of time. For example, if your ex was ordered to sell the marital home after the divorce by a certain future date but did not execute the sale, the court may give your ex more time to avoid a finding of contempt. If your ex executes the sale within the extended time frame they would not help found in contempt.
Even if your ex is not found in contempt, you may still request the court order your ex to pay your attorney fees. The court many times will do this instead as a method of punishing the party violating the original order.
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!
Frequently Asked Questions
Can a marital settlement agreement be changed?
It is rare, but yes, a marital settlement agreement can be changed. Usually, a marital settlement agreement can only be changed if a party was found to be lying or hiding assets. If you want to get your MSA adjusted, speak with an attorney. They will review your agreement to see what your options are.
Can a divorce settlement be changed in Wisconsin?
A divorce settlement can be changed in Wisconsin. Some parts are more likely to be changed than others. For example, it is much more likely for a child custody agreement to be changed. The custody portion of a divorce settlement can be changed when there has been a substantial change in circumstances.
How do you legally separate from your spouse in Wisconsin?
To get a legal separation, you file the same paperwork you do for a divorce, but you specify that it is for a legal separation. You can physically separate at any time, but to be legally separated you must go through the court process.
Does Wisconsin require separation before divorce?
Wisconsin does not require separation if both parties are willing to waive the need. If one party is unwilling to waive the need for the separation, the parties have to separate for six months before they can divorce.
How is marital property divided in Wisconsin?
Marital property is divided equally between spouses. Marital property is any property gained during the marriage or property that was used by both spouses. For example, if one party owned a car before the marriage but it is the car both spouses use, it is marital property. All marital property is divided during the property division process.