How to Enforce Your Divorce Decree
Counsel from a Houston Lawyer
The provisions written in your divorce decree are enforceable by the court. If you or your ex-spouse decide later on that the provisions in the divorce decree are unacceptable, you must petition in the court for a modification. You cannot merely ignore the divorce decree in hopes that it will go away.
Violators of the divorce decree can be put in contempt of court. The violations are often the result of anger or betrayal on the part of the violator. In some cases, the violator hopes that he or she can get revenge on an ex-spouse through his or her actions or can control his or her ex-spouse.
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
What to Do when Your Ex-Spouse Has Violated the Divorce Decree
If your ex-spouse has violated the divorce decree, you will need to file a contempt of court motion. At the Law Office of Bryan Fagan, PLLC, the attorney can help you to file this motion correctly. You will need to ensure that your ex receives the motion and the notice of the date and time of the hearing.
Even if you choose to handle the contempt action yourself, you should at least consult with a lawyer to make sure you are doing it correctly. Your local family law court can also help you identify which papers you need to fill out and walk you through the process to ensure that you fill them out correctly.
In your contempt of court motion, you are required to indicate exactly what part of the divorce decree your ex violated and how he or she violated the decree. You will want to create a complete account of what happened. An attorney can help you create a strong case and get supporting paperwork in order before you go to court.
After listening to the arguments, a judge will determine if your claim is sufficient. If it is, you will be issued a written order detailing the contempt order and how it will be resolved. If your ex does not comply with the requirement to resolve the issue, he or she may be jailed until he or she agrees to comply.
When Your Spouse Will Not Surrender Marital Property
Some of the most frustrating violations of divorce decrees are when ex-spouses refuse to comply with property division orders. You might be ordered to receive a percentage of your marital finances or the family car, but there is nothing that guarantees your ex will cooperate and give you what is legally deserved. If this happens to you, our Houston family law firm can help you discover and use ways to enforce the property division order. In Texas, you only have two years to try to enforce a property order after your divorce finalizes, so do not delay in reaching out to us for legal assistance.
Need Legal Support to Enforce a Decree?
Sometimes it can be a challenge to know where to just begin with a decree enforcement. In other situations, your ex-spouse might still refuse to cooperate after you attempt enforcement.
To take the stress out of the process, call (281) 810-9760 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 Houston attorney today for more information.