Enforcing Property Division in Far North Dallas, Texas
Let Our Porter Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a judge finalizes a divorce decree in Far North Dallas, you must either transfer certain assets to your ex-spouse or receive them. If your ex-spouse does not comply with the terms of the divorce decree concerning the division of the marital estate, you may have grounds to file an enforcement motion.
The Law Office of Bryan Fagan is committed to ensuring the terms of your finalized divorce decree are honored in Far North Dallas. Our family lawyer in Far North Dallas will thoroughly review your case and identify all possible legal avenues to achieve the best outcome. Before proceeding with a court order, we can explore whether mediation or binding arbitration might be a more effective solution if you anticipate difficulties with enforcing the property division.
Filing for Enforcement of Property Division in Far North Dallas
To enforce property division, you must file an “enforcement motion” with the court where the divorce was initially filed in Far North Dallas. However, if both you and your ex-spouse now live in a different state, it may be possible to file the order in your current state.
You have a two-year timeframe from the signing of the final decree to file an enforcement motion in Far North Dallas.
Texas Divorce Property Division Enforcement
Overview of Enforcement Suits in Texas Family Law
A Texas court can enforce property division in several ways:
- If a spouse does not comply with the decree, the court may grant a money judgment to the affected party.
- The non-compliant spouse may be ordered to transfer the disputed property, or an equivalent amount of money, to the affected party.
- If a spouse fails to make a required payment, the court can order the unpaid amount to be given to the affected party.
- The non-compliant party could face contempt charges, which could result in imprisonment or probation.
- The court may award attorney fees and costs to the affected party.
Preparing for Asset Division in Separation
It is important to remember that a Texas court cannot modify the property division provision in the final divorce decree in Far North Dallas. An enforcement motion for property is limited to enforcing what the decree specifies and clarifying any ambiguous aspects. However, if the court’s division of the property lacks sufficient specificity for enforcement through contempt or other means, the judge can clarify the order to make it more specific and enforceable.
