Alabama Divorce: Contempt Cases
Enlist the Help of a Birmingham Divorce Attorney
In the state of Alabama, anyone who fails to comply with the terms of a
divorce decree can be charged with contempt of court. The most common
violation of a divorce decree is the failure to pay child support. Other
violations can include the failure to pay spousal support or the failure
to honor a court-mandated visitation schedule.
If your former spouse is not complying with the terms of your divorce or
has petitioned the court to charge you with contempt, Shaw Family Law
is available for
Birmingham divorce attorneys have decades of family law experience.
What Happens to Those Found Guilty of Contempt?
Once an Alabama family law court has charged someone with contempt, that
person will be notified of the charges and requested to appear at a court
hearing. If they fail to appear, the court can issue a warrant for their
arrest. Should they be found guilty of noncompliance, they can be punished
with fines and imprisonment—though the court's first objective
is to force them into complying with the terms of the initial divorce
decree. In some instances, the court will also require the guilty party
to cover the legal costs borne by their former spouse.
To be found guilty, it must be proved that the accused:
- Knew the terms of the divorce decree
- Willfully violated the terms of the divorce decree
- Had no legal rationale for violating the terms of the divorce decree
A Petition for Rule Nisi
Alabama has a unique name for the filing of contempt charges related to
divorce. It's called a Petition for Rule Nisi. Because it is a separate
action from the original divorce, it requires the payment of a filing
fee. To learn more contempt cases in Alabama, talk to an AV® Rated
Birmingham divorce lawyer at Shaw Family Lawyers.
Contact us online today or call (205) 259-7650.