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 New Mexico, 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 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 compel the non-compliant party to comply with the terms and to cover the attorney fees and costs associated with the enforcement action. Should there be repeated non-compliance, the party seeking enforcement may pursue contempt of court proceedings against the non-compliant party. Contempt of court can lead to civil penalties, such as fines and the payment of attorney fees, as well as criminal penalties, which could include jail time. This process is designed to ensure compliance with the divorce decree or MSA and to uphold the authority of the court's orders.