What to do about a violation of my divorce decree?
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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 11 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.
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