Question: After dragging on for nearly three years, my divorce from my attorney husband was final last July.

Even though we had been married 22 years when we separated, I became so fed up with the process (our case was delayed time after time for no apparent reason) that I agreed to take the minimum child support the guidelines called for, waived my interest in our home, his business, and alimony in exchange for payment of $50,000 and three items of personal property, all of which were given to me by my family. All I wanted was to get on with my life.

Although my ex agreed to this at our final hearing, and even though the court papers state that he must comply within 90 days, he has refused to give me either my money or my property. I went to my lawyer, who wants another $2,000 to start back up again. So I went to the police with my court order and they told me to contact the court. I went to the court, and they told me to contact my attorney. After paying my attorney for three years, I don’t want to fork over any more money. Is there any way for me to get my property without again paying an attorney?

Answer: Your question points up what has become 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 taxpayers. With escalating dockets, overworked court personnel, and an insufficient number of judges, there is no place for litigants to use the obstructionist tactics you describe. Once an action is ended by court decree, the parties are mandated to comply with the terms of that order.

When a party to litigation is required by a court order to do an act, so long as the Order is clear and specific as to date, time, and place of compliance, it must be obeyed. Instead of providing that the property should be turned over to you within 90 days, we believe that the order should have set a specific date and time. And, in order to ensure compliance, the court order should have included self-executing provisions which, if the act was 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 without further effort by you.

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 suggest 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 specified, with a witness, and try to get your property. If you don’t get it, seek a contempt hearing and attorney’s fees. We don’t believe that any judge would take kindly to this type of behavior, especially by a lawyer-litigant.