What happens if a decree is not followed?
According to Order 21 Rule 32 where a party against whom a decree for an injunction has been passed, had an opportunity of obeying the decree and he has willfully failed to obey it, the decree may be enforced by his detention in the civil prison, or by attachment of his property or by both.
Can a divorce settlement be reopened in Alabama?
Reopening A Divorce Due To Duress To modify the divorce settlement, individuals must demonstrate that exceptional and compelling circumstances exist while filing a motion with the court. This motion must allege that duress caused the divorce to resolve in an unfair manner.
Can a divorce decree be modified in Alabama?
To change or alter what has been ordered in your divorce decree, whether an agreement was reached or not, one party must file a Petition to Modify the Decree. If an agreement was reached in the divorce, then the petition would be to change or alter certain aspects of the agreement.
How much does it cost to file contempt of court in Alabama?
| ADDITIONAL FEES FOR EXISTING CASES | |
|---|---|
| Amended Summons and Complaint (Additional $10.00 if served by Sheriff) | $10.00 |
| Order for Contempt (additional $10.00 for service by Sheriff) | $30.00 |
| Petition to Cite Defendant for contempt of court (this must be served by sheriff. $10.00 for petition and $10.00 for sheriff) | $20.00 |
| PFR-1 | $10.00 |
What is the time limit for execution of decree?
12 years
The maximum period of limitation for the execution of a decree or order is 12 years from the date when the decree or order became enforceable, which is usually the date of the decree or order.
Can execution of decree be challenged?
5. Execution of decree pending appeal—The filing of an appeal from a decree is, by itself, no bar to its execution, and execution may proceed unless it is stayed by an order of the Appellate Court or the Court which passed the decree (vide Order XLI, Rules 5 and 6).
Can you sue your ex after divorce?
In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex’s lawyer for filing a frivolous lawsuit.
Can my ex wife claim money after divorce?
As a general rule, the money you earned during marriage is marital, and what you earned afterwards is separate. But your ex-wife can still get her hands on it in some cases.
Can a divorce settlement be changed?
A court cannot change the division of assets in a settlement agreement through an application by one of the parties regardless of whether there are sufficient reasons show unless there is evidence of fraud. A settlement agreement is a final agreement and a court cannot interfere with it.
Can alimony be modified in Alabama?
Yes. Alimony may be modified. Alabama divorce law provides that under certain circumstances alimony can be raised, lowered, or eliminated. In order to modify alimony, you must file a request withe the court.
What happens if you are in contempt of court in Alabama?
If the court finds you guilty of contempt, it can punish you with fines or jail time. However the goal of the punishment is to force you to comply with the court’s order.
What is Rule Nisi Alabama?
Contempt Proceedings Petitions for contempt in Alabama are typically referred to as petitions for rule nisi. A rule nisi literally commands a party to show cause why that party should not be compelled to do an act that has previously been ordered by the court.