Obtaining a divorce decree can be enough of a challenge. It is reasonable to expect that the other spouse will follow stipulations regarding equitable property division, reasonable spousal maintenance (if applicable), child custody in children’s best interests (ideally) and fair levels of child support. When your ex-spouse does not fulfill his or her responsibilities spelled out in that divorce decree, enforcement can become a critical matter.
The Parent Law Firm is prepared to advise, guide and advocate for you as you seek enforcement of divorce decree judgments in Texas. Based in San Antonio, we have the legal knowledge and experience as well as the perseverance to help ensure that your rights according to the divorce decree are honored.
What Happens If The Other Party Violates The Decree?
If your former spouse has failed to deliver property that should be yours, sell a property and divide the proceeds as ordered, keep you insured as ordered or otherwise fulfill court-ordered obligations, our attorneys can help. We can represent you as you take legal actions designed to compel your “ex” to comply with the divorce decree judgments.
Section 9.001 of the Texas family code explains how to enforce divorce decree judgments. The law explains how to “request enforcement of [a] decree by filing a suit to enforce.” The law clarifies that the court that issued the divorce decree will have the power to enforce property division.
It also specifies that in further orders obtained through enforcement actions, “The court may specify more precisely the manner of effecting the property division previously made or approved if the substantive division of property is not altered or changed,” including an “order to deliver the specific existing property awarded… including…money…”
For example, the court may “render an enforceable qualified domestic relations order [QDRO] or similar order permitting payment of pension, retirement plan, or other employee benefits divisible under the law” as a means of enforcing the divorce decree judgment.
The court may also award costs such as attorney’s fees to be paid by a noncompliant party.
If a former spouse continues to defy court orders, he or she may be held in contempt of the court. Ultimately, he or she may be jailed. Most divorced clients of The Parent Law Firm, do not desire such an outcome, but rather, reasonable compliance with a divorce decree.
How Can You Help Ensure The Judgments Are Upheld? Contact An Attorney.
Contact our offices to discuss your options and next steps with an experienced divorce lawyer. We can represent you if your former spouse is defying a divorce decree judgment by not transferring the title of the marital home to your name alone.