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mwhitlow

ex won't abide by court order

4 posts in this topic

I recently had a marriage with a woman annulled because I found out she was a bigamist and was married to two other men in other States.

In our annulment order she was court ordered to cease from using my last name and return to whatever other of her last names she so choose, but not mine.

She currently still has a Facebook page using my last name and will not take it down. My attorney told her attorney I wanted the page removed, and sent the URL, via Email, but they have ignored it.

What can I do or my attorney do to enforce the court order and get the Facebook page taken down, or renamed? In my attorney's defense, it isn't like he has seen a lot of other cases like this with bigamy or had cases were the woman is forced to quit using a last name. We all know that most of the time it's the woman's choice to keep her married name if she wants, but the Judge was do disgusted with her being a bigamist that he granted the order to make her quit using my name.

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It makes no difference whether the case is for bigamy or anything else. A court order is a court order, and it's enforced like any other court order -- with a contempt action in the same court that issued it. Your attorney should know this. It's usually called an order to show cause, or words to that effect. Technically, the judge can't "make" her take the site down or stop using your name, but he can impose legal sanctions against her (e.g., fines or jail time) if she doesn't.

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Civil contempt of court most often happens when someone fails to adhere to an order from the court. You may want to read Civil Contempt of Court as a good resource to learn more about this subject matter.

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I'm at a loss to understand why you care. There are certainly hundreds or thousands of folks with the same last name as you, and it's not as though you have some sort of proprietary interest in your name. And, generally, one can use whatever name one wants. Nevertheless, if, in fact, the court made this unusual order and your ex is not complying you are obviously free to seek to have her held in contempt. You could also send a copy of the order to Facebook, although it would be entirely up to FB whether or not to do anything about it.

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