During the divorce process, assets and liabilities will be distributed amongst the divorcing parties. This can be achieved through mutual agreement or through a court ordered decision from the judge. Once those decisions are made assets and liabilities will be outlined in the divorce decree or final judgement. Sometimes, one party refuses to abide by the final judgement which can lead to a litany of issues for the other party. Max Factor Law has extensive experience in assisting individuals whose assets are being withheld after divorce. Read on to learn more about the process of claiming what is rightfully yours.
How are assets divided during divorce?
One part of the divorce process includes the division of assets and liabilities. In most cases, unless all assets are being sold to dissolve any form of co-ownership, each asset a couple acquired during the life of their marriage will be divided between both parties. This process can be completed through mediation with both parties and their legal counsel. However, if no amicable agreement can be reached between the divorcing parties, a judge will rule on the decision.
When will I be awarded assets designated to me?
Once the division of assets is completed, the information will be included in the final judgement of the divorce. Depending on the type of asset, there may be language included within the court order that determines a timeframe of when the assets are turned over to the awarded party. For example, if an ex-spouse is ordered to turn over keys to vehicles, or make a lump sum payment, the dates by which such actions should be taken will be made clear within the court order. Sometimes it's as easy as being handed over during the final divorce proceeding. In other cases, they may have grace period for getting certain affairs in order prior to completing their obligation in regard to relinquishing the assets to the awarded spouse.
What do I do if my ex-spouse refuses to return assets to me?
Once the final judgement is ordered, most parties of divorce will abide by the courts ruling, no questions asked. But there are situations, especially in highly contested divorces, where the ex-spouse refuses to abide by the ruling of the court. In those cases, an attorney needs to be informed on the actions/inactions of the ex-spouse in regard to their refusal to submit to the court order. When an ex-spouse refuses to comply with the final judgement in a divorce by returning assets to the awarded spouse, the ex-spouse can be ruled in contempt of court. In order to pursue the asset further and hold the ex-spouse accountable for their inaction, a family law attorney will need to file a Motion For Contempt and Enforcement.
Hiring a family law attorney during divorce proceedings is essential to protecting yourself from this type of behavior from an ex-spouse. Often times, a malicious ex-spouse can make you feel there is no hope in regaining things that are rightfully yours. That's why it's important to have an attorney in your corner who will fight for your assets to be returned to you. Max Factor Law and his team have decades of experience assisting with divorces with contested asset division. Let us help you win what is rightfully yours! Contact our offices today to share your story at (850) 577-1699.