The judge finalized our divorce a month ago. My ex-husband decided to move out without any notice and then he turned off all utilities service. Can he legally do that without saying anything?
It depends upon 1) the rules and statutes that apply in your jurisdiction; and 2) the provisions in your decree of divorce (and related orders, if in your jurisdiction divorces end with multiple orders, as opposed to all of the orders in one “Decree of Divorce” document).
For example, in the jurisdiction where I practice divorce and family law (Utah), there is no law that specifically prevents a divorced spouse from canceling the accounts for the household utilities.* Indeed, if, in a divorce proceeding, the house is awarded to one of the spouses and the other spouse must now move out, many such divorced spouses have good reason for canceling the accounts for the household utilities, and that is to ensure they are no longer billed and held liable for utilities for a house in which they no longer reside.
If the provisions in your decree of divorce (and related orders, if in your jurisdiction divorces end with multiple orders, as opposed to all of the orders in one “Decree of Divorce” document) prohibit one’s ex-spouse from canceling or otherwise interfering with the other’s utilities, then the affected ex-spouse could move the court to hold the offending ex-spouse in contempt of court and seek to have the offending ex-spouse sanctioned for contempt.
Now clearly there are usually better ways of handling the situation than secretly closing the accounts notifying the ex-spouse after the fact or not telling the other spouse at all and letting him/her discover it on his/her own, but just because it’s ill-mannered does not make illegal. And if there is no provision in the decree of divorce or related orders that don’t expressly prohibit you and your ex from canceling the utilities that are presumably in your joint names (because you presumably open the accounts when you were married to each other), there may be nothing (and their likely is nothing) that you could do through the courts to punish your ex-spouse for his/her actions.
*If a divorced couple has minor children, it might be possible to argue that cutting off the utilities to the house could constitute child abuse under Utah Code § 76-5-109. If the couple has a disabled child, one might argue that canceling the utilities account(s) is abuse or neglect of a disabled child. § 76-5-110 (Abuse or neglect of a child with a disability). I don’t know if one could argue that canceling the utilities to the house could be construed as “criminal mischief” as defined in Utah Code § 76-6-106(2)(b)(i)(A) or (B) or (ii).
Utah Family Law, LC | divorceutah.com | 801-466-9277