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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116716
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I filed a no fault divorce and it was final dec 22, 2015. In

Customer Question

i filed a no fault divorce and it was final dec 22, 2015. In separation agreement my ex was to turn over a 2010 suburban, I had continue making ALL payment on including loan, ins, tags and taxes. I still do not have possession and I file a warrant in detinue on her but just said Monday that was out of his jurisdiction. I am now being advised form my old lawyer to make amotion to reinstate the divorce and then file a motion for her to show cause... I am looking for a site that I can get this form to reinstate divorce case?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: well he is about to become a judge. I cannot file this motion myself. I have spent way too much on lawyer fees.
JA: Is there anything else the Lawyer should be aware of?
Customer: nope
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If she has not complied with the divorce/separation agreement, then the next step is to file a motion to show cause as the attorney told you. What state are you in, because most states do not make pre-printed forms available to the public and practicing law is not usually done through pre-printed forms they are drafted by attorneys from scratch?
There may not be forms available and you may have to go to your court library and ask for the form books to find a template to copy or you would have to use a local paralegal to draft it from scratch for you if you want to save some money on using an attorney like you should be using.
Customer: replied 1 year ago.
I guess to me it's silly to spend $ on something a judge has ALREADY SIGNED OFF on and now this court won't enforce it!! It's kinda crazy if you ask me!!
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is not true, you are entitled to enforce the agreement in the court. It is an order of the court. Also, on a contempt of court motion, if you win, then she will have to pay your court costs and attorney's fees as a penalty/sanction for not abiding by the court's order and turning the vehicle over to you as agreed. So it is not true you would have to continue to pay money for the enforcement of the order. As part of your damages in your prayer for relief, you would ask the court to order her to comply with the order AND to award you costs and attorney's fees for you having to bring her to court to enforce the order and the court will in almost all cases do so.