How do I handle divorce decree non-compliance?

Divorce 4 views 2 answers
My divorce was final in March. The decree stated that my ex "agreed" to remove his belongings from storage on my property within 90 days. The 90 day period was up in May, and he has not bothered to remove his belongings, although he has been seen parked in his vehicle watching my property.What are my options? Is it my responsibility to resolve this? As a result of his non-compliance, do I have the option of removing his belongings myself?? I want his belongings off my property ASAP. I no longer retain my atty. because of a breach of contract on his part.

Attorney Answers

2
John Barrett ·
The best remedy is to cite him for contempt for failure to comply with the decree. I do not think you should remove his items without a specific court order allowing you to do so.
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Stephen Harkess ·
Contempt of court can be a lengthy process and could take months to resolve. I would suggest filing a motion asking the Court for permission to dispose of the property. Explain that your ex was given 90 days and has made no effort to comply in over 120 days. Ask for an order giving to permission to dispose of the property. Either your ex will respond and come get the proeprty, or the court will give you permission to dispose of it. Either way, you're covered and the motion will be determined faster than a contempt citation.
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