This is the next post in my series on enforcing a Nevada Decree of Divorce after the completion of the case. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are having difficulty with the other party post-divorce. It is important that you speak with counsel sooner, and not later, as you may only have a limited amount of time in which you can take action. In this article I will be discussing options for enforcing a Divorce Decree when the other side is refusing to cooperate. If you are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
Las Vegas residents may file to hold their spouse in Contempt of Court for violating a Divorce Decree
There are many situations in which a spouse may be required to take certain steps after a divorce has been completed. This can include re-titling property or automobiles to remove their former spouse’s name. Other obligations can include refinancing a home so that the other party may receive their share of the equity, ensuring that the other party receives their share of any retirement accounts, etc. It is, however, common for a party to not meet their obligations after a case has been completed. In such situations, the Court may hold them in Contempt for failing to follow the mandates of the divorce. Penalties for contempt can include jail time, financial consequences, and being ordered to pay the other side’s legal fees.
If the other side is failing to meet their obligations, then the first step is to “meet and confer” with them regarding the issue. The requirement of attempting to resolve the issue, prior to filing a Motion with the Court, is required under EDCR 5.501. Quite often, a phone call and confirming letter or email will satisfy the requirements to meet and confer. The next step in the process is to file a Motion with the Court requesting that the other side be required to “show cause” as to why they should not be held in contempt for violating the Court’s orders. The Court will schedule a Show Cause hearing. If it appears that the other side is making a good faith effort to meet the requirements of the Decree then the Court will generally grant them an extension of time to do so. If it is clear that they are simply ignoring the Decree then the Court will likely hold them in contempt.
The foregoing is best explained through an example. Suppose Mike and Mary are a Las Vegas, Nevada couple who recently divorced. Mike kept the marital residence which had $200,000 worth of equity in it. Mike also kept a car, that is currently worth $30,000 and is secured by a $35,000 loan, which is financed in the names of both spouses. Under the terms of the divorce, Mike was to refinance the home in his name only to “cash out” the equity. From the equity, he was to pay Mary $100,000 for her one-half interest in the home. He was also to use his share of the equity proceeds to pay off the car and re-title it in his name only. After three months, Mike has not re-financed the home. He also is two months behind on both mortgage and auto-loan payments, which is negatively impacting Mary’s credit. At the contempt hearing, it is shown that Mike has made no effort to refinance the home. The Court would likely hold him in contempt. If, however, it was shown that Mike was making a good-faith effort, but was having difficulty with a loan, then the Court may be more understanding. How the Judge would rule in any situation, and the consequences imposed, would always depend on the specifics of the case.
Las Vegas parties should take immediate action if the other side isn’t following the Divorce Decree
If the other side is failing to follow the terms of a Divorce Decree then there are multiple reasons why you should take immediate action. First, the other side’s inactions may be harming your finances. Under the example given above, Mike’s failure to make loan payments would be negatively impacting Mary’s credit. Second, the terms of a Decree may only be enforced for a period of up to six years. It is not uncommon for a party to allow the situation to continue on for a period of time in which the Court will lose jurisdiction. Taking immediate action helps to protect an individual from financial consequences and also preserves their statute of limitations.
If you have completed a Nevada divorce, and need help with enforcement, then contact my office today to speak with an attorney. My practice is entirely devoted to the handling of family law matters and I understand that this is an important time in your life. I pride myself on providing a high level of service and I look forward to being of assistance. Contact us online or by telephone. We assist those in the greater metro area, also including the areas of Summerlin, Henderson, and Boulder City.