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Failure to File or Amend Documents

If one spouse discovers there has been a failure to file or amend documents, what can he or she do to correct these issues?

Michele E. D’Onofrio’s Answer:

The compliant spouse may file a Motion to Enforce the Order which requires the noncompliant spouse to file or amend documents. The non-complaint spouse will have the opportunity to respond to the Motion to Enforce the Order. The Judge will rule on whether the noncompliant spouse is in violation of the litigant’s rights based on the filed pleadings as well as oral argument by the parties’ attorneys. If the Court finds a party in Violation of Litigant’s Rights, the violator will be compelled to comply with the prior Order according to the Judge’s Order. A Court has the ability to sanction an offending spouse in a variety of ways including monetary sanctions and will generally award counsel fees to the moving party seeking redress. A litigant who thumbs his or her nose at a Court Order repeatedly may be subject to incarceration in order for the Court to obtain compliance with its orders.

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