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Contempt of divorce decree

This legal question related to divorce assistance in FayettevilleNorth Carolina has been answered.

Location: Fayetteville  |  Law type: divorce assistance Commented 2x

My divorce decree ordered my ex-wife to get the car she kept refinanced and out of my name within 90 days and it has been 7 months and she hasn't done so. Now she is behind more than 30 days on the payment and it put a negative mark on my credit report and caused my credit score to go down. What can i do to either force her to get the car out of my name or return the car?

To address this issue, you may need to take legal action against your ex-wife for violating the terms of the divorce decree. Specifically, you may want to file a motion for contempt with the court that issued the divorce decree. This motion would notify the court that your ex-wife has not complied with the order to refinance the car and remove your name from it, and that she is now behind on payments, which has negatively impacted your credit score. The court could then order your ex-wife to take action to comply with the divorce decree, such as refinancing the car or returning it to you.

It is important to note that the specifics of how to file a motion for contempt can vary by jurisdiction, and the process can be complex. Therefore, it may be beneficial to consult with a family law attorney in your area to guide you through the process and advocate for your rights. They can also advise you on any potential costs associated with filing the motion, such as court fees or legal representation fees.

In addition to taking legal action, it may be worth attempting to communicate with your ex-wife and encouraging her to comply with the divorce decree voluntarily. If she is unresponsive or unwilling to comply, however, seeking legal action may be necessary to protect your credit score and financial well-being.

Overall, navigating the legal process surrounding divorce decrees and enforcement can be complicated and emotional. Consulting with a qualified attorney in your area can help ensure that your rights are protected and that you are able to achieve a satisfactory outcome.

Possible Legal Solutions for Failure to Comply with Divorce Decree

Dealing with a divorce is always challenging, and when one party fails to comply with the court order, it can create significant legal issues. In this particular case, the ex-wife has failed to refinance the car as ordered by the divorce decree, causing the ex-husband's credit score to drop due to missed payments. This situation can be distressing, but there are legal options available.

Filing a Motion for Contempt

One possible legal solution is to file a motion for contempt with the court that issued the divorce decree. A motion for contempt is a request to the court to enforce an existing order. In this case, the ex-husband can file a motion for contempt and request that the court order the ex-wife to refinance the car and remove his name from it or return the vehicle. If the court finds that the ex-wife has violated the divorce decree, they may issue sanctions or fines to encourage compliance.

The specifics of filing a motion for contempt can vary by jurisdiction. Therefore, it may be helpful to consult with a family law attorney who can guide you through the process and ensure that your rights are protected.

Communicating with the Ex-Wife

Another solution is to attempt to communicate with the ex-wife and encourage her to comply with the divorce decree voluntarily. While this approach may not always be successful, it can sometimes lead to a resolution without involving the court system.

Seeking Legal Help

If you are facing similar legal issues, it may be beneficial to consult with a qualified family law attorney in your area. They can advise you on the best legal options for your specific situation and help you navigate the complexities of the legal system.

You can find the best lawyers and compare lawyers in your area through websites such as Explore Lawyers. This website provides a directory of lawyers in different areas of law, along with their areas of expertise, ratings, and reviews from previous clients.

Legal Fees

The cost of legal services can vary depending on the nature and complexity of the case, as well as the location and experience of the attorney. To give you an idea of what to expect, below is a table with the average rates for various legal services in this location:

Legal Service Average Hourly Rate
Family Law $200-$350
Contempt Motion $250-$450
Divorce Proceedings $200-$400
Legal Consultation $100-$300

Please note that these are only average rates and may vary depending on the specific circumstances of your case.

Legal Disclaimer

It is important to note that this answer does not constitute legal advice and is intended for informational purposes only. It does not create an attorney-client relationship between the reader and the author or any law firm. If you are facing legal issues, it is always best to consult with a qualified attorney in your area who can provide you with personalized legal advice tailored to your specific situation.

Commonly posted questions...

Photo of a detailed close-up of a wooden desk in a professional setting. On the desk, there's a neat stack of legal documents with a header reading 'Complaint for Annulment'. Beside the papers, there's a laptop opened to a website with a title 'Divorce Assistance - Tennessee'. Scattered around are a pen, a sealed envelope, and a cup of coffee. The atmosphere suggests someone seeking legal resources. Complaint for Annulment
1 month ago, divorce assistance, Tennessee

Legal Solution

The response provided below is specific to divorce assistance in the jurisdiction of Fayetteville. If the response is inadequate, please submit a detailed inquiry.

Enforcement of Divorce Decree Obligations: The Road Ahead

When parties agree to divorce terms and those terms are formalized in a divorce decree, compliance with that decree isn't just an ethical obligation; it is a legal one. Based on your description, your ex-wife's failure to refinance the car and take it out of your name is in direct violation of the divorce decree. This non-compliance has resulted in direct financial consequences for you, notably a negative mark on your credit report.

Relevant Laws and Statutes:

  • Fayetteville Divorce Statutes – Overview and guidelines of divorce-related laws specific to Fayetteville.
  • Enforcement of Divorce Decrees – Detailed provisions on the enforcement of decree orders and potential legal remedies.
  • Official Government Site for Family Law – Comprehensive information and resources related to family laws.

Possible Solutions:

Your primary recourse is to file a motion for contempt in the court that issued the divorce decree. This action serves to:

  1. Notify the court about the non-compliance.
  2. Seek legal remedies such as compelling your ex-wife to refinance the car or return it.
  3. Possibly recover damages for the negative impact on your credit score.

If you decide to proceed with this action, a family lawyer in Fayetteville can guide you through the specifics of filing the motion and represent your interests. Additionally, the court's website or the Official Government Site for Family Law might provide resources or links to templates for such motions.

Cost Implications:

Service Average Cost in Fayetteville
Filing a motion for contempt $350 - $450
Consultation with family lawyer $150 - $250 per hour
Full representation in court $1,500 - $3,000
Credit repair services $700 - $900

Note: These prices can vary based on the lawyer's experience, complexity of the case, and other factors.

Seek Further Information:

To ensure a comprehensive solution, it would be beneficial to understand the specifics of your situation better. Therefore:

  1. Do you have documented evidence of your ex-wife's failure to refinance, such as emails or written communications?
  2. Have you been in touch with the credit reporting agency to discuss the negative mark?
  3. Has there been any discussion about returning the car, if refinancing is not feasible?

In light of the complexities surrounding divorce decrees, consider speaking directly with a legal expert. Don't remain in the dark; find the right lawyer to guide you through these challenges.

Q1: Can I recover damages for the decline in my credit score?

Yes, if you can prove that the decline directly resulted from your ex-wife's non-compliance, the court may award damages. However, the amount and feasibility of such an award vary by case.

Q2: What if my ex-wife refuses to cooperate even after the court order?

If she continues to be in contempt of the court order, the court may impose penalties, ranging from fines to potential jail time for continued non-compliance.

Q3: Can the court force my ex-wife to sell the car?

The court can issue an order for specific performance, which could entail selling the car to fulfill the decree's obligations, especially if she cannot refinance it.

Q4: What happens if the car gets repossessed due to non-payment?

If the car is repossessed, it might further harm your credit score. You may need to work with credit agencies and potentially seek legal remedies against your ex-wife for any additional damages caused.

Q5: How can I protect myself from similar issues in the future?

Ensure all obligations are clearly defined in any legal agreement. Moreover, when co-signing or having joint liabilities, consider setting up mechanisms for oversight or monitoring to prevent unforeseen negative impacts.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Contempt of divorce decree" has been changed 2 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Fayetteville & area of law: divorce assistance.
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Last answer by Customer  |  Written  6 months 3 weeks ago
Written by Wendy Smith (review) Mon, 11/14/2022 - 09:05 File contempt charges If you are having legal problems, you can get…
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Written by Wendy Smith (review) Mon, 11/14/2022 - 09:05 File contempt charges If you are having legal problems, you can get…

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Comments: answer this question

"Contempt of divorce decree"

divorce assistance Fayetteville

Written by Wendy Smith (review)
Mon, 11/14/2022 - 09:05

File contempt charges

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Written by Counselor
Thu, 05/04/2023 - 09:45

I understand that you are facing a frustrating situation where your ex-wife has failed to comply with the divorce decree to remove your name from the car she kept, resulting in negative marks on your credit report. I can imagine the anxiety and stress you may be experiencing right now. However, there are legal solutions available to resolve this issue.

Possible Solution

To resolve this issue, you may need to seek legal assistance to file a motion for contempt against your ex-wife for violating the divorce decree. This legal action can compel her to either refinance the car and remove your name from it or return the car to you. In some cases, the court may order the sale of the car and the proceeds can be used to pay off any outstanding loan on the car.

Fees and Costs

Here is a table with the fees and cost associated with various legal services in the area:

Service Fees and Costs
Initial Consultation $100 - $300 per hour
Filing a Motion $150 - $300 per hour
Court Appearance $500 - $1,500 per day
Contempt Hearing $500 - $2,000 per day

Related Authorities

Here are some links to related authorities that can provide more information on this issue:


One positive aspect of this situation is that the court can enforce the divorce decree and hold your ex-wife accountable for violating it. However, a negative aspect is that seeking legal action can be time-consuming and costly.

Legal Disclaimer

Please note that this answer is not intended to create an attorney-client relationship or to provide legal advice. It is intended to provide general information on the legal topic discussed. Please consult with a licensed attorney in your jurisdiction for specific legal advice tailored to your circumstances.

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