How to Enforce Your Divorce Decree
Counsel from a Tomball Lawyer
The terms stated in your divorce decree are legally binding and upheld by the court. If you or your former spouse find the terms of the divorce decree unsatisfactory at a later date, a formal request for a modification must be made to the court. Ignoring the decree with the hope that it will become irrelevant is not an option.
Those who breach the conditions of the divorce decree could face contempt of court charges. Such violations often stem from feelings of anger or betrayal experienced by the offender. In some instances, the offender may believe that their actions can serve as a form of retaliation against their ex-spouse or as a means to exert control over them.
- Enforcement Suits in Texas Family Law: An Overview
- Texas Divorce Property Division Enforcement
- Enforcement Suits in Texas Family Law, Part Four
Common Divorce Decree Violations
Some of the more common divorce decree violations are:
- Non-payment of child support
- Non-payment of alimony
- Non-compliance with visitation schedules
- Failure of a custodial parent to return the child on schedule
Steps to Take When Your Ex-Spouse Breaches the Divorce Decree
Should your former spouse contravene the conditions of the divorce decree, you will have to lodge a contempt of court motion. The team at Bryan Fagan Law Office, PLLC, can assist you in filing this motion accurately. It’s crucial to ensure that your ex-spouse receives the motion along with the notification containing the hearing’s date and time.
Even if you decide to manage the contempt action independently, it’s advisable to consult with an attorney to confirm that you’re proceeding correctly. Your local family law court can also guide you in identifying the necessary paperwork, and help you complete them accurately.
In your contempt of court motion, you must specify which clause of the divorce decree your ex-spouse has violated and how they did so. A comprehensive account of the incident should be prepared. A lawyer can aid in building a robust case and organizing supporting documents before your court appearance.
After hearing the arguments, the judge will assess the validity of your claim. If found substantial, a written order outlining the contempt order and its resolution will be issued. Non-compliance with the resolution by your ex-spouse may result in their imprisonment until they agree to comply.
Dealing With Non-compliance Over Marital Property Handover
One of the most exasperating violations of divorce decrees occurs when ex-spouses fail to adhere to property division orders. You might be entitled to a portion of your marital assets or the family vehicle, but there’s no assurance that your ex will comply and hand over what’s legally yours. In such situations, our family law firm in Tomball can guide you through enforcing the property division order.. In Texas, you only have two years post-divorce finalization to enforce a property order, so it’s crucial not to delay seeking legal assistance.
Looking for Legal Assistance to Implement a Decree?
At times, knowing where to start with decree enforcement can be perplexing. In other circumstances, despite your efforts to enforce the decree, your former spouse may continue to be uncooperative.
To take the stress out of the process, call (713) 564-7029 at any time to get all the legal help you need from the Law Office of Bryan Fagan, PLLC. Don’t hesitate to contact our Tomball attorney today for more information.
