Bucks County Equitable Distribution Order Enforcement Attorney
During a divorce, the distribution of property can either occur through negotiation and agreement by the spouses or by a judge through litigation in court. Once the equitable distribution of property order is issued by the judge, both spouses are legally obligated to comply. But what happens when one spouse refuses to obey the order and hand over marital property? Thankfully, Pennsylvania law provides legal remedies for this situation. At Kardos, Rickles & Hand our Bucks County equitable distribution order enforcement attorneys are prepared to help you enforce your property rights after a divorce. To learn more, call or contact our office today.
Compliance for Equitable Distribution Order
Pennsylvania law section 3501(e) provides a legal remedy when a spouse refuses to comply with an order for the equitable distribution of property after a divorce. The court has the power to utilize certain measures in order to compensate one spouse for the refusal of the other to hand over marital property. These remedies include the following:
- Entering judgment against the delinquent spouse
- Authorizing the seizure of goods, profits, or rents
- Wage garnishment
- Awarding interest
- Ordering the transfer or sale of property
- Requiring security to ensure future payment
- Holding the delinquent spouse in contempt, including fines and jail time
- Awarding attorneys’ fees and court costs
By awarding attorneys’ fees and court costs, the spouse that is owed property in an equitable distribution order is not penalized for taking their former spouse to court in order to get the marital assets they deserve.
How to Prove Enforcement is Needed
In order to win an equitable distribution enforcement case, you need to be able to show the court that your former spouse is willfully choosing to not comply with the court’s order. Providing a copy of the enforcement order for property distribution is a good starting point. Your attorney should send certified letters to your former spouse and their attorney requesting the property owned in the equitable distribution order. You should also check social media for any posts about refusing to give over property, and keep copies of any written correspondence like emails or texts where your former spouse admits and refuses to hand over property that belongs to you.
Without evidence of willful noncompliance, the judge may give your former spouse an opportunity to comply, which can drag out the process even longer. To learn more about building a solid case against your former spouse in order to win an enforcement case, talk to an experienced divorce attorney today.
Call or Contact Our Office Now
Once a judge has issued an order for the equitable distribution of property, most people assume that is the end of the issue. However, if your spouse refuses to hand over property that belongs to you in the equitable distribution order for your divorce, you may need to enforce your rights in court. To learn more about enforcing equitable distribution claims, call or contact Kardos, Rickles & Hand today in Bucks County to schedule a consultation of your case with one of our knowledgeable divorce attorneys now.