Can I file to enforce a stipulation in my annulment?
She still had thousands of dollars of my property and is trying to say that “possession” means the items were physically in her house when the annulment was signed.
After looking into it, I confirmed this is not how this is typically enforced.
Possession means ownership, not where the items physically are.
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Generally, the only way that a disagreement about enforcement is handled is through an order of enforcement or contempt within your state. So, if you have already received the order and they will not follow that specific provision, then yes, you should file that motion to enforce that decree.
If you can prove ownership of the property, then you should not have any problems. If there is conflict and minimal proof, then that could cause problems.
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Can I file to enforce a stipulation in my annulment?
I understand you're looking to enforce a stipulation in your annulment. Have you already obtained the annulment?
Yes.
Could you please provide more details about the specific stipulation you are seeking to enforce?
There was a stipulation that stated “both parties keep the property in his/her possession.”
She still had thousands of dollars of my property and is trying to say that “possession” means the items were physically in her house when the annulment was signed.
After looking into it, I confirmed this is not how this is typically enforced.
Possession means ownership, not where the items physically are.
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with enforcing the stipulation in your annulment.
No.
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
Generally, the only way that a disagreement about enforcement is handled is through an order of enforcement or contempt within your state. So, if you have already received the order and they will not follow that specific provision, then yes, you should file that motion to enforce that decree.
If you can prove ownership of the property, then you should not have any problems. If there is conflict and minimal proof, then that could cause problems.
I’ve been trying to get everything back as amicably as possible by sending emails to her lawyer over the past 8 months, but they haven’t even responded to the last 3 messages (out of 5 over the entire period). Will it look bad that I took so long to file, or will the court see it as a good thing that I tried handling this outside of litigation?
This should be pretty much a slam dunk, right?
No, it does not look bad, because you will also show all of the attempts you made to handle this outside of court. That shows good faith effort.
Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete.
