Can I Go to Jail for Ignoring Court Orders in My Divorce Case?

Case Study: Harnack v. Fanady, 2025 IL App (1st) 240835

Can you actually go to jail for not following a court order in your divorce case? The answer is yes. A recent Illinois case, Harnack v. Fanady, shows the consequences of disobeying a court order.

Steve Fanady and Pamela Harnack were married in 2003. Over time, their financial paths diverged significantly. By 2010, Fanady was found to be worth around $7.5 million. Pamela, had minimal income, serious health issues, and couldn’t support herself.

During the divorce, the court identified a significant marital asset: 280,000 shares of the Chicago Board Options Exchange (CBOE). The court split the shares, some went to Fanady’s business partners, some to Pamela, and some were held in escrow until further proceedings.

But Fanady didn’t comply with the court’s order. Specifically, he refused to turn over the shares awarded to Pamela. His noncompliance didn’t just go on for a few months, it lasted over thirteen years.

The Contempt Finding

The court issued a civil contempt order against Fanady. This wasn’t a simple slap on the wrist. Fanady was sent to jail under a finding of indirect civil contempt, which applies when someone disobeys a court order outside of the court’s immediate presence.

The key issue was that Fanady continued to avoid transferring the stock shares to his ex-wife. The court found that this was not a matter of inability, but rather deliberate refusal. In fact, Fanady had gone to great lengths to hide or shield marital assets, making it even harder for Pamela to receive what she was rightfully owed.

Fanady’s Arguments

Fanady filed a motion to vacate the court’s decision, arguing that:

1. The court abused its discretion by finding him in contempt and sending him to jail.
2. He lacked the financial ability to transfer the shares.
3. The court violated Local Rule 13.8, which requires periodic status reviews, at least every 30 days, for individuals jailed under civil contempt.

However, none of these arguments convinced the appellate court.

The Appellate Court’s Decision

In 2025 IL App (1st) 240835, the appellate court affirmed the trial court’s decision. The court reasoned:

• On the contempt finding: The trial court was within its authority to jail Fanady for failing to comply with the divorce order. The court found no convincing evidence that Fanady was unable to comply. Rather, his behavior showed a clear pattern of willful disobedience.
• On Local Rule 13.8: Fanady argued that he should be released due to the court’s failure to revisit his status every 30 days. The appellate court rejected this argument. Fanady provided no legal authority showing that a procedural misstep like this assuming it even occurred would require immediate release from jail.

What This Means for You

This case sends a strong message: you can go to jail for ignoring court orders in a divorce. Civil contempt is not criminal in nature, but the consequences can still include incarceration, especially when the court believes you’re intentionally avoiding your obligations.

Here are some takeaways:

• Court orders are not suggestions. If a court orders you to transfer assets, pay support, or follow any other directive, you must comply.
• Claiming inability isn’t always enough. You have to show convincing proof that you cannot comply, not just that you don’t want to or find it inconvenient.
• Ignoring orders can backfire. Fanady’s refusal to cooperate didn’t just delay the outcome. It worsened his legal standing and led to jail time.
• Civil contempt can result in jail until compliance. Unlike criminal contempt, which punishes past behavior, civil contempt aims to force compliance. That means you could remain in jail until you follow the court’s order.

Final Thoughts

Divorce cases are often emotional, complicated, and financially high-stakes. But no matter how you feel about the outcome, defying a court order is not the answer. As Harnack v. Fanady shows, the courts have the power—and the willingness—to use incarceration when someone refuses to comply.

If you’re involved in a divorce and struggling with a court order, the right course of action is to seek legal advice and pursue modification through the courts, not to ignore the order or try to work around it. The consequences of contempt can be severe, as Fanady learned the hard way.

In sum, yes, you absolutely can go to jail for ignoring court orders in your divorce. Don’t take that risk.