Consult an experienced family law attorney to discuss your options. Your former spouse may be in contempt of court and court action may be necessary to obtain compliance with the order or to have the order changed.
You are not required to have a lawyer. However, unless your divorce is very simple (and few of them are, especially when children are involved), the guidance of an experienced attorney is a good investment—especially if your spouse has a lawyer. You will live with the outcome of your divorce for a long time. An experienced family law attorney can help you obtain the best result possible.
If your case does not settle, you will need a trial to resolve the issues. Fortunately, most divorce cases settle and a trial is not necessary. You will have to appear in court to have your agreement approved, but those hearings are generally short and scheduled much faster than trials. An experienced attorney can help you negotiate from a position of strength and protect you if a trial becomes necessary.
Child custody determinations are based on the best interests of the child. Parents can, and often do, reach agreements regarding their child’s custody and parenting schedule. The court will generally approve such an agreement if it meets the best interests standard.
Contested divorce cases are expected to finish within fourteen months. However, depending on the issues, it can sometimes take more time, often as long as eighteen months or even longer. Uncontested divorces are usually resolved much more quickly, frequently within six months.