Our judgment for divorce states that my wife must sell our marital home within sixty days from the judgment. It has been ninety days. She advertised the home for sale by owner, but not yet sold it. Is it possible for the Court to not find her in contempt?

It is possible but it is dependant on the facts. The Court may find that your wife has not sold the house because she is simply unable to do so as a result of a bad selling market. If, as in this example, the situation is beyond her control, she will not be found in contempt. However, the Court can still make orders in this scenario (perhaps that the house be listed for sale with a real estate broker) to achieve the desired result.

Can I ask for my ex-wife to pay the costs and attorney’s fees?

In cases of contempt you can ask the court to award your costs and attorney’s fees. There is no guarantee that the Judge will award them.

If my husband continues to ignore the court’s orders, what can eventually happen?

The Court can impose fees, fines and penalties. The Court can also sentence him to jail for his failure to comply with the Orders.

 

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