If one spouse discovers there has been a failure to file or amend documents, what can they do to correct these issues?

By Michele E. D’Onofrio
February 28, 2017
If one spouse discovers there has been a failure to file or amend documents, what can they do to correct these issues?

The compliant spouse may file a Motion to Enforce the Order, which requires the non-compliant spouse to file or amend documents. The non-compliant spouse will have the opportunity to respond to the Motion to Enforce the Order. The judge will rule on whether the non-compliant spouse is in violation of the litigant’s rights based on the filed pleadings as well as oral argument by the parties’ attorneys. If the Court finds a party in violation of litigant’s rights, the violator will be compelled to comply with the prior order according to the judge’s order. A Court has the ability to sanction an offending spouse in a variety of ways, including monetary sanctions, and will generally award counsel fees to the moving party seeking redress. A litigant who thumbs his or her nose at a court order repeatedly may be subject to incarceration in order for the Court to obtain compliance with its orders.


Michele E. D’Onofrio is a family law attorney practicing in Warren, New Jersey. To learn more about Michele and her firm – Shimalla, Wechsler, Lepp & D’Onofrio, LLP – visit their firm profile or www.swldfamilylaw.com.

Back To Top

February 28, 2017
Categories:  FAQs

Add A Comment

Comment

Allowed HTML: <b>, <i>, <u>, <a>

Comments

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility


Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.