A divorce may be resolved by order of the court in a divorce decree or by agreement of the parties in a marital settlement agreement or mediated settlement agreement (MSA), and the former spouses (parties) are required to comply with their obligations under the divorce decree or MSA.

When a party fails to meet their obligations under the divorce decree or MSA, the other party may (1) file a motion for enforcement or request for orders (RFO) with the court that had jurisdiction over the parties’ divorce proceeding; (2) request an order for the non-compliant party to comply; and (3) request the court to order the non-compliant party to pay the attorney fees and costs incurred by the party seeking enforcement of the divorce decree or MSA.

And if a party repeatedly fails to comply with the court’s orders, the other party may seek to have the non-compliant party held in contempt of court—a special procedure for forcing compliance or punishing non-compliance—in which the court may award both civil penalties (fines, assessment of attorney fees and costs) and criminal penalties (confinement in jail as punishment for failing to comply with the court’s orders).

In Wisconsin, after a divorce is finalized through a court order or a marital settlement agreement (MSA), both parties are legally bound to adhere to the terms set forth. If one party does not fulfill their obligations, the other party can take legal action to enforce the agreement. This is done by filing a motion for enforcement or a request for orders (RFO) with the court that originally handled the divorce. The aggrieved party can ask the court to order the non-compliant party to follow the agreement and to cover the attorney fees and costs associated with the enforcement action. Should there be continued non-compliance, the party seeking enforcement may pursue a contempt of court action against the non-compliant party. Contempt of court can lead to civil penalties, such as fines and the payment of attorney fees, or criminal penalties, which can include jail time. This process is designed to ensure that both parties uphold their end of the divorce decree or MSA and face consequences if they do not.