Divorce Decrees and Payments or Money Judgments - Now What Do I Do?

Many spouses in divorce are awarded either lump sum amounts or payments from the other spouse in as part of the division of property, either to pay debts, or to effectuate a just and right division of the community estate, or a myriad of other reasons.  What can be done if payments aren't made?  Or, what can be done if you were ordered to make payments and you're not able to do so?

If you were awarded money in a decree and your spouse won't pay, there are collection tools available.  One option is to file a motion with the Court to enforce the award.  The Court can order the award be made into a judgment, as well as order other relief to make the spouse pay the obligation.  An experienced family law attorney can assist you with evaluating your specific situation, and determine what possible collection methods may be available. 

What if you're supposed to make payments and you cannot do so?  For example, what if your financial situation changes and you don't have the money or can't afford the payments?  One option is to file a motion with the Court to modify the decree/award.  There are deadlines for such motions, and they should be brought as soon as possible if you are not able to afford your payments.  You don't want the motion to appear to be a litigation tactic if not brought for months or brought only after a motion to enforce is filed against you.

You need the guidance of experienced counsel, because every situation is different.  Also, there are tools and options for spouses in both of these situations.  These are just examples of some options available, and you should contact a lawyer to discuss options for your specific case and circumstances.    

"Collaborative" Divorce is a Mindset, Not Just a Process

I get many calls from potential clients asking me about collaborative divorce.  Typically, the parties do not have many or significant disputes, they want to work the divorce out themselves at their own pace and with good business judgment, and they do not want to fight or engage in a contentious process.  What they are surprised to learn is that you do not have to be in a formal "collaborative" divorce process to accomplish these goals.  Other divorce processes, including litigation, can also be utilized with this same mindset. The parties are in charge of the divorce mindset, not the attorneys.  Collaborative divorce is one process to get information exchanged, engage in discussions and negotiations, and ultimately reach a final decree to present to the Court.  Litigation, arbitration, and other processes can also be utilized with this same mindset, they are just different processes.  The process, whatever it may be, can be effectively used by parties not wishing to fight or suffer drama so long as the parties have a mindset and goal to remain amicable.  The important distinction to understand is that "collaborative" is not just a process, but an attitude.  Divorce is only as dramatic as the parties want it to be or let it be.  There are a myriad of processes available to get through the divorce process, including litigation, collaborative divorce, cooperative divorce (a hybrid of litigation and collaborative divorce), uncontested divorce, and private arbitration.  Which process is best for a particular divorce varies since every divorce is different.  Remember that whatever the process, any divorce can be collaborative if the parties want it to be.     

The Importance of the "Business Decision" Mindset in Litigation

Litigation, in its purest most big-picture form, is nothing more than a dispute.  Parties have a disagreement they can't resolve themselves.  So, one party seeks out someone, whether that is a court or an arbitrator or some other decision-making body, to decide it.  The other party participates, willingly or not.  Once that process begins, more often than not, for a myriad of reasons and justifications, the parties resolve the dispute themselves and settle it before it reaches trial or final hearing.  One important aspect of litigation, whether it's a divorce, a contract dispute, or whatever it may be, is why a case settles when it does.  Lawyers often describe litigation as a process, which it is.  It has a certain procedure, with certain benchmarks and deadlines, ultimately reaching conclusion by trial or final hearing.  It plays out over time, and is infrequently promptly resolved.  But, to the practitioner that pays attention to the psychology of the case, it also has an emotional or mental process that must also play out over the course of the dispute.  And, if this process is part of the overall strategy in developing the case, can lead to settlements faster and on more favorable terms than if this process is ignored. 

Litigation involves a certain amount of drama and negative feelings, including anger, outrage, and disappointment.  These feelings, coupled with every person's desire to be "right" and for external vindication by "winning" the case, impair a party's ability to examine and analyze the dispute from a more detached business perspective.  So long as a party is more focused on the emotional aspects of a case, it is difficult if not impossible to reach a business resolution of the case.  An attorney cannot force a case to resolution before the parties are themselves prepared to resolve it.  I often say that litigation moves as fast as the slowest person.  By this I mean that you can't force someone into a resolution mindset - that process has to play out in its own way, on its own timeline.  It can be very frustrating to the party that has reached a place where he or she is ready to simply make a "business decision" about the dispute and resolve it on business terms. 

So, it is important that the attorney take this aspect of the litigation process into account in developing strategies.  Strategies should not only be developed for preparing the case for trial or final hearing, but also for working to get the parties past the emotional aspects of the case and to a "business decision" mindset.  This is important not only to get the case into a place as promptly as possible to resolve, but also because the judge, arbiter, or arbitrators of the case will make his/her/their decisions on the case based on just such a mindset.  Understanding this aspect of the litigation process and incorporating it into case development and strategies serves the needs of the parties, puts the case and parties in a position to resolve it more promptly, and also prepares the case for a prompt and well presented "business decision" adjudication if it does not settle.