How do you petition the court to enforce provisions of a final divorce decree?

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How do you petition the court to enforce provisions of a final divorce decree?

My ex is filing for a new trial with the same judge that approved our divorce. I have responded to his motion for a new trial but want to know if I can include a paragraph in the response asking for the judge to enforce the decree as well as its provisions, or if I need to file a separate “Petition to Enforce”. He is mentally abusive and if I file contempt charges, I am unsure of whether or not he will become physical, but I would like to make it clear that he needs to do what he said he would do.

Asked on December 6, 2011 under Family Law, Tennessee

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Generally speaking, a motion for a new trial will request the judge to set aside or overturn previous judgment on grounds such as newly discovered evidence. Meaning, there must be a judicial error in the previous order. If the judge grants the motion for a new trial, the previous order is automatically stayed pending the new trial. In such a case you cannot enforce the previous order. The motion for new trial, however, can be on one or all issues in the previous trial. If the motion is specific on some issues, the other issues in the previous trial still stand and you can enforce them.


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