Reasons

• The main reason for contempt in divorce court is due to one partner being hurt by the other partner's disregard for court orders. When one partner is found to be in contempt of the court, that partner can face jail time or heavy fines. The court uses contempt to enforce court orders and control proceedings. The most common contempt action is the failure of one party to pay court-ordered child support. Another, less common act is when one party refuses to comply with a restraining order, although this is more difficult to prove because of a possible lack of evidence.
  
  

Constitutional Rights

• Although your partner may be found to be in contempt of the court, he is still entitled to constitutional protections. This means that your partner cannot be held in contempt for violating an order that may have more than one meaning. A person also can't be held in contempt if he is unaware of the court order. For example, if your partner was not in court the day an order was issued, he cannot be held responsible until he receives a copy of the order.
  
  

Considerations

• Your partner can't be held in contempt if she is unable to comply with an order. For example, if your partner is ordered to pay you a set amount of money each month but does not have funds, she cannot be held in contempt by the court. This does not mean she doesn't have to pay the money. Instead, she still owes the money but is not penalized for failure to pay.
  
  

Using Evidence

• To allege contempt, you must have solid evidence that he failed to comply with a court order. You must be prepared for vigorous defense and significant expenses to have your partner held in contempt. Because you hold the proof, you must be able to convince the court that your partner should be held in contempt based on your presentation.