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Also, even if the judge does not find that the material is too burdensome or costly, the judge does have the authority to shift the burden of discovery related costs.

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The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.

The moving party must prove everything required for a remedial contempt except for the present ability to comply.

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Alimony payments can also be modified depending on the ability to pay.


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  • Each state has its own rules about the modification process and the proof that is necessary for the modification to succeed.
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How Divorce Decrees Can Be Disobeyed There are many different ways a divorce decree can be disobeyed, all of which can have a significant impact on a family.


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Later, during the discovery process, it may become clear that one party was keeping something important from the other.

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Once the petition for modification has been completed, it will need to be filed with the court and served on your spouse.

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If you and your spouse often get into disagreements, you might want to include specific information about how the children will be exchanged for visits.

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Just as with child support or spousal support, if your ex is refusing or interfering with visitation with your children you will need to hire a divorce attorney and file a petition for contempt of the divorce settlement agreement.

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