How To Stop Your Ex From Dragging You Back Into Court Post-Divorce

Posted on: 9 November 2019

There are just some people out there that are confrontational people. They live for the battle, and they feel that they "should get their day in court." Unfortunately, a lot of these people are the ex-spouses of other people, and it creates a lot of tension and ongoing unpleasantness that does not have to be. If your ex is the type of person that seems to find a reason to drag you back into court year after year, here is how you might be able to get him/her to stop. 

Hire a Family Law Attorney If You Do Not Already Have One

When your ex files motion after pro se motion, you need to hire a family law or divorce law attorney. Sometimes it is just the simple act of showing your ex that you have a little legal power on your side that he/she stops with the harassing legal pursuits. If he/she is undaunted or hires his/her own lawyer, then you need to take a different approach with your lawyer's help. 

Find out What Your Ex Is Really After

In these troubling cases, the ex making trouble always wants something and feels that he/she is entitled to it. Your lawyer can find out exactly what that something is. The only exception to these situations is when you are the one paying child support and/or alimony, and you have not paid for some time. Then the courts are not going to have much sympathy for you. If you do not have to pay child support because there are no children or the children live with you, and you do not have to pay alimony, then your lawyer might be able to file a harassment lawsuit or request a "cease and desist" order from the judge. 

Request and File a "Cease and Desist" Order

This is similar to a restraining order, except that you and your ex can still be in the same room without fear of arrest. The order prevents any and all further legal motion against you with certain exceptions. The exceptions are outlined by your lawyer and filed with the court.

If a judge finds a reason to grant such an order, your ex has to comply or face jail or fines (or both!). The order may be granted if your lawyer can prove that your ex has been harassing you for years after the divorce was final and that your ex has no grounds to pursue more than one legal issue with you per year. (More than three hearings on unrelated issues may be viewed as harassment.)

To learn more, contact your local family law attorney