Divorces can be simple, civil, and even somewhat gratifying to some parties. The prospect of leaving a marriage that was not working and starting over fresh can be an exciting start to a new chapter. For others, a divorce can mean pain, suffering, and long-term hardship and challenges. And in these situations, an unknown outlook and future can be very scary. Obtaining the divorce settlement you desire and deserve can be challenging enough. No one wants to need to worry about the divorce orders being followed, yet some do.
Residents of Illinois can secure trusted legal guidance and support when working through a divorce by connecting with experienced Chicago divorce lawyer, Michael C. Craven.
What Must Be Done To Enforce A Court Order Once Divorced In Illinois?
Enforcing a court order after a divorce can also be a simple or difficult process, depending on the parties involved and the type of order in question. When the other party is not following a court order you can file an Illinois petition for Rule to Show Cause. This petition asks the court to affirm its order using its power of contempt.
Once your petition has been filed and it is established that your former spouse did not follow a court order, your ex will have to explain to the court why it has not followed the order. If the court determines your ex had the ability to follow the order but he or she chose not to, it can find your ex in contempt of court, possibly leading to jail time.
Filing a Rule to Show petition is only one way to go about enforcement of a court order, but it is not the only one. There are other approaches that may work and be useful. These options may include:
- In some cases, you may be able to ask for suspension of the violator’s driver’s or professional licenses
- Depending on the specific violation, you may have the basis to seek modification of orders. For example, repeated violations of a parenting schedule may warrant changes to that schedule.
- Have a child returned if a parent has kept a child beyond the parameters set in a court order
The method for order enforcement will depend on the type of order being violated. A child being taken, for example, may represent a much more serious danger compared to a support payment being made two days late. The latter violation may, therefore, require a more serious and rapid solution, not only to get the child returned safely but to help ensure the child is not taken again in the future.
Speak to a Chicago Divorce Lawyer Today
Whatever type of court order is being violated, you will want an experienced divorce attorney at your side to secure the most favorable outcome.
If your Illinois court order is being violated, consult with attorney Michael C. Craven today. You have rights that must be protected.
You can call the Chicago divorce lawyer Michael C. Craven to set up a free consultation to discuss your problem and learn more about possible solutions. He is here to help and will answer any questions you may have.