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Enforcing Property Division in South Dallas, Texas
Let Our Porter Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a judge finalizes a divorce decree in South Dallas, you must either transfer certain assets to your ex-spouse or receive them. If your ex-spouse fails to adhere to the divorce decree’s terms regarding 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 that the terms of your finalized divorce decree are respected in South Dallas. Our family lawyer in South Dallas will thoroughly examine your case and identify all legal options to achieve the best possible outcome. Before resorting to a court order, we can explore whether mediation or binding arbitration might be a more suitable approach if you foresee difficulties in enforcing the property division.
Filing for Enforcement of Property Division in South Dallas
To enforce property division, you must file an “enforcement motion” with the court where the divorce was originally filed in South Dallas. However, if both you and your ex-spouse have since moved to a different state, it may be possible to file the order in your current state.
You have a two-year window from the signing of the final decree to file an enforcement motion in South Dallas.
Texas Divorce Property Division Enforcement
Overview of Enforcement Suits in Texas Family Law
A Texas court can enforce property division through various methods:
- If a spouse fails to comply with the decree, the court may award a money judgment to the wronged party.
- The non-compliant spouse may be ordered to transfer the disputed property, or an equivalent amount of money, to the wronged party.
- If a spouse does not 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 might result in imprisonment or probation.
- The court may award attorney fees and costs to the wronged party.
Preparing for Asset Division in Separation
It is important to note that a Texas court cannot modify the property division terms in the final divorce decree in South Dallas. An enforcement motion for property focuses on enforcing what the decree specifies and clarifying any ambiguous aspects. However, if the court’s division of the property is not specific enough to enforce through contempt or other means, the judge can clarify the order to make it more specific and enforceable.
