My Ex is Still Trying to Take My Stuff After a Divorce—What Options Do I Have Available
Are you dealing with some issues with your former spouse after the finalization of a divorce? You may be wondering what options you have available if your ex is still trying to take your stuff after a divorce has already been settled/finalized. At the Law Office of Gale H. Moore P.A., we help people find solutions. Here, our Clearwater divorce lawyer highlights the steps that you should take if your ex is still trying to take stuff from your property after a divorce.
Step #1: Make Sure You Understand Your Rights (Divorce Settlement/Decree)
Under Florida Statutes § 61.075, a divorcing couple’s property is subject to equitable distribution. Through a settlement/decree, each spouse will get his or her “fair” share of the property. Once a divorce is finalized, each party goes their separate way. In Florida, the terms of your divorce settlement or decree are legally binding. Familiarize yourself with these documents, as they outline your rights regarding property division. If your ex is attempting to take items that were clearly awarded to you, they are violating this agreement.
Step #2: Carefully Document What Your Ex Has Taken—If Anything
Documentation is key to any family law matter. If you suspect your former spouse is taking your belongings, you should comprehensively document each incident. Keep a record of missing items, dates, and any exchanges between you and your ex regarding these items. Photographs, receipts, and a detailed inventory list can all serve as evidence.
Step #3: Consider Your Options to Talk Your Spouse, Clarify Your Lack of Rights
Your ex trying to take your stuff after a divorce may be an example of them stepping outside of the bounds of your (new) relationship. It may be resolved without a serious legal dispute. Before escalating the situation, consider a direct conversation with your ex-spouse. In some cases, a mediated discussion might help clarify any misunderstandings about property rights established by the divorce decree. You may need to make it clear that they are acting in an inappropriate manner.
Step #4: Take Legal Action to Protect Your Post-Divorce Property Rights
For a number of different reasons, your dispute over property may be difficult to resolve. If discussions prove futile and your property is still being unjustly claimed or taken by your ex, it may be time to take legal action. A top-tier Florida family lawyer can help you determine the best course of action. In some cases, you may need to take action to seek a motion for enforcement or contempt in the court that issued your divorce decree. The legal action can compel your ex to return the items and adhere to the original property division terms. Remember, Florida courts have the legal authority to enforce a divorce settlement/divorce order.
Contact Our Clearwater, FL Divorce Attorney Today
At the Law Office of Gale H. Moore P.A., our Clearwater divorce lawyer provides solutions-focused guidance and support to clients. If you have any questions about your options after a divorce, please do not hesitate to contact our family law team today. We provide family law services in Clearwater and throughout the surrounding area in Pinellas County.