Going through a divorce is never easy, but when your ex refuses to follow the divorce decree you both agreed to or were ordered to comply with, the frustration can be overwhelming. Whether they are failing to pay child support, withholding parenting time, or not transferring property as ordered, you do not have to deal with the situation alone.
In Minnesota, a divorce decree is a court order — and not following it is a legal violation. Fortunately, the law provides several options for enforcing your rights and holding your ex accountable.
In this article, we’ll walk you through the steps you can take if your ex isn’t following the terms of your divorce decree in Minnesota.
What Is a Divorce Decree?
A divorce decree is the final judgment issued by the court that legally ends your marriage. It includes specific terms on:
- Division of property and debts
- Child custody and parenting time
- Child support and spousal maintenance
- Insurance and tax obligations
- Any other agreed-upon or court-ordered arrangements
Once issued, this decree becomes legally binding. Both parties are required to comply fully with its terms. If your ex is not doing so, the court may intervene.
You can read more about Minnesota divorce procedures at mncourts.gov.
Common Divorce Decree Violations
There are several ways a person may violate a divorce decree in Minnesota, including:
- Failing to pay child support or alimony
- Refusing to allow court-ordered parenting time
- Denying access to joint assets or failing to transfer property
- Not refinancing or selling a marital home as required
- Violating terms of custody or relocation restrictions
- Ignoring provisions for payment of debts
Whether the violation is financial, custodial, or related to property, these are not minor issues. You have legal recourse, and the courts take noncompliance seriously.
Step 1: Review the Divorce Decree Carefully
Before taking any legal action, go through your divorce decree thoroughly. Make sure the terms are clear and specific. Sometimes disputes arise due to vague or ambiguous language, in which case clarification may be required through the court.
Highlight the exact portion that your ex is not following. This will help you and your attorney prepare your enforcement motion with supporting documentation.
Step 2: Attempt Direct Communication (If Safe)
If it’s safe and practical, you may want to start by reaching out to your ex directly. Sometimes a simple reminder or request for clarification can resolve the issue.
Keep communication civil, brief, and documented — preferably by email or text message. This could serve as evidence later if your case goes back to court.
That said, if there is a history of abuse, manipulation, or hostility, it may be best to avoid direct contact and work through your attorney instead.
Step 3: Document Everything
The more evidence you have, the stronger your case will be. Keep detailed records such as:
- Missed or partial payments (with bank statements or support ledgers)
- Screenshots of communication attempts
- Notes about missed parenting time or visitation denials
- Any other records showing noncompliance
This information will be essential when filing a motion with the court.
Step 4: File a Motion for Contempt
If your ex continues to violate the decree, you can file a Motion for Contempt of Court with the Minnesota family court. This legal action notifies the court of the violation and asks for enforcement.
The court will review the motion and may schedule a hearing. At the hearing, both sides can present evidence. If the court finds that your ex willfully violated the order, they may:
- Order immediate compliance
- Impose fines or make your ex pay your attorney fees
- Modify custody, visitation, or support
- Sentence your ex to jail time (though rare, it is possible for serious or repeated violations)
The Minnesota Judicial Branch provides helpful forms and instructions here: https://www.mncourts.gov/Help-Topics/Contempt-of-Court.aspx
Step 5: Work with a Family Law Attorney
While you can technically file a contempt motion on your own, working with an experienced divorce attorney can significantly increase your chances of success. At Martine Law, we help Minnesotans enforce their divorce orders swiftly and effectively.
An attorney will help you:
- Determine if the violation qualifies as contempt
- Prepare persuasive legal documents
- Gather and present evidence
- Represent you during the court hearing
- Negotiate a solution if possible
Trying to handle it alone can delay results and add more stress. Let a legal professional take that burden off your shoulders.
Can You Modify the Divorce Decree?
In some situations, your ex may claim they’re not following the decree because circumstances have changed. If that’s the case, either party can request a modification of the decree through the court.
Common grounds for modification include:
- Job loss or income change
- Relocation
- Change in the child’s needs or schedules
- Health issues
However, until the court modifies the order, the original decree remains enforceable. Your ex is not allowed to make changes unilaterally.
What If the Issue Involves Child Custody or Parenting Time?
Parenting plan violations can be especially emotional. If your ex is:
- Denying you access to your children
- Failing to show up for scheduled visits
- Violating agreed-upon exchanges or travel restrictions
You can file a motion to enforce parenting time or a contempt motion depending on the situation.
Minnesota courts strongly favor co-parenting arrangements that are consistent and in the best interest of the child. Repeated violations could result in a custody modification — including reduced parenting time for the noncompliant parent.
Take Action Early — Delay Can Hurt Your Case
One of the biggest mistakes people make is waiting too long to address noncompliance. This allows patterns of behavior to solidify and can send the message that you’re not serious about enforcing your rights.
Whether the issue is financial, parental, or related to property division, swift and decisive action matters.
Contact Martine Law to Enforce Your Divorce Decree
You don’t have to tolerate an ex who refuses to honor the court’s orders. At Martine Law, we help clients take control of the situation and enforce their rights.
We will:
- Review your decree for enforceability
- Gather evidence of noncompliance
- File a contempt motion or enforcement action
- Represent you in negotiations or court
Contact us today for a confidential consultation. We’ll help you protect your interests and move forward with clarity and strength.