Question (by e-mail): After reading one of your articles in her newspaper, my mother forwarded your address to me, hoping you could give me some guidance. After dragging on for nearly two years, my divorce from my attorney husband was final in July of 1999.

Even though we had been married for 14 years at the time of our separation, I became so fed up with the whole process -- which was delayed time after time for no apparent reason -- that I agreed to guideline child support and waived my interest in our marital home, his law business, and spousal support. All I wanted was to finally bring matters to a close. My only request for a property settlement consisted of two items: a wall clock (an anniversary gift) and half of our Christmas possessions (many of which I made or purchased).

Although my ex-husband agreed to this at our final hearing in May 1999 and even though the court papers I received in July 1999 state that he must comply within 60 days, he has refused to give me my property and tells me that he will do so when he’s ready and at his convenience. I went to the police who told me to contact the court. I went to the court, and they told me to contact my attorney. After paying my attorney for two years, I really don’t want to be required to involve him in any further legal actions. Is there any way for me to receive my property without again paying an attorney? Thank you for your time and I would appreciate any advice you could offer me.

Answer: Your question points up a pervasive problem in the matrimonial arena that must be addressed, not only because of the cost to the litigant, but also because of the cost to the court system which is passed on to the taxpayers. With escalating dockets and overworked court personnel, there is no place for litigants using obstructionistic tactics as you describe. Once an action is ended by court decree, the parties should be required to comply with the terms of that order.

We believe that when a party to litigation is required by a court order to do an act, the order should be clear and specific as to date, time, and place of compliance. Instead of providing that the property should be turned over to you within 60 days, the order should have set a specific day and time. And, in order to assure compliance, the court order should have included self-executing provisions which, if the act is not performed in a timely fashion, would allow you to bring the matter back to the court without expense to you. For example, had the order allowed you to file an affidavit with the clerk of court about your ex-husband’s non-compliance, a rule to show cause for contempt could have been issued by the court.

That said, given the situation in which you find yourself, we don’t believe you have much choice other than to secure an attorney; however, we would suggest that you write your former husband a letter detailing your efforts to get the property, his statements in response, and suggesting three alternate dates and times for you to pick up the property, preferably on weekends when you know he will be home. If he does not respond, go to his residence on the first date with a witness and try to get your property. If you don’t get it, seek a contempt hearing and attorneys fees. We don’t believe that any judge would take kindly to this type of behavior, especially by a lawyer-litigant.