What to do about a violation of my divorce decree?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about a violation of my divorce decree?

My ex-wife was required to return all jewelry to me. A year after our divorce was finalized I noticed that my ex-wife was wearing a necklace that belonged to my mother who is no longer living. How do I proceed in getting that necklace back? And can I require her to pay all legal fees in order to correct this problem?

Asked on October 23, 2012 under Family Law, Iowa

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there were any specialized provisions in the decree about how, when, and where the jewelry was to be returned- then you need to start by invoking those provisions and follow any requirements of the final decree.  If she does not comply, send a certified letter requesting the return of the items. (So that you will have proof of the demand later) After sufficient notice, you can then file a motion to enforce and request that she pay your attorney's fees since you took all reasonable steps to enforce and comply with the decree.  Another option, depending on the willingness of your local police department, is simply to file theft complaint against her since she is technically holding on to property that does not belong to her.  Some agencies won't get involved because of the civil overtones, but some will step up and at least make a phone call and put out some effort to assist with the return of the property.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption