Sounds simple, right? In reality, enforcing orders in a divorce decree or custody arrangement can be very complicated, especially if the orders have not been properly drafted. This happens far too often when people write their own prescriptions or hire an inexperienced lawyer to vaguely draft the orders, making the orders unenforceable. The court that issued the final divorce decree enforces the division of property. As with most legal issues, trying to enforce a divorce agreement with an uncooperative ex can become complicated. If you can both fend for yourself, off the field, that`s fantastic. If you can`t, it may be in your best interest to hire a lawyer. If it is determined that your ex-spouse does not take the court into account, the next time will depend on which part of the agreement he breaks. For example, if your ex-spouse resisted support orders, the court may have their salary seized or have a lien on their property. If they don`t give you parenting time, you may have extra parenting time to compensate, or the divorce agreement may be changed to ensure compliance.
In some cases, the other parent may lose their rights altogether or be sued. For example, if the husband is to receive an “A” bank account with $38,000 in the account and the wife empties the account, that $38,000 bank account would be considered an asset at the time of divorce. Therefore, emptying the account can result in contempt actions in the event of divorce. However, these details must be clearly stated when drafting the orders (that she received the $38,000 bank account) in order to be enforceable out of contempt. There is a two-year limitation period to sue a former spouse. This two-year period begins on the date on which the original divorce decree was signed by the judge, or becomes final after an appeal, whichever is later. At Sisemore Law Firm, our goal is to reach the most favorable agreement for our clients and ensure that they receive everything granted to them in the divorce decree. We also strive to divide all possible assets during the divorce and execute all necessary ancillary documents so that our clients do not remain “married via assets” after the divorce. The award judgment (AJ) is the final agreement between the parties regarding the care and responsibility of the minor children of the parties. The AJ is used to define the parental schedules of the parties with the minor children and the decision-making responsibility. This is the document that protects a parent`s rights over their minor children after the divorce has ended.
If the party does not comply with the probation conditions, the judge may send him to prison. In some cases, a judge may send the ex-spouse or parent to jail on weekends so they can continue to work and earn money during the week – or every other weekend – so they can still spend time with their child. The definition of contempt is deliberate and intentional disobedience to a court order. Failure to comply with a divorce agreement falls within this framework. If your ex interferes with parenting time, doesn`t pay child or spousal support, or refuses to hand over the property the court grants you, all of this can be contempt. An enforceable title can in no way modify the divorce decree. He can only clarify the judgment or give instructions on the implementation of the divorce decree. Any type of enforcement that modifies the divorce decree exceeds the jurisdiction of the court and is unenforceable.
What happens if a spouse does not abide by the marriage settlement agreement depends on the behavior and when it occurs. If you and your ex-spouse have reached a settlement, but the divorce has not yet been finalized, you must first contact your family law lawyer. It may be necessary to renegotiate the terms of the agreement before the divorce becomes final. Either way, you don`t lose anything when you try to have a conversation about the situation. The best argument is the one that is avoided, and some communication can go very far. While it is not necessarily your duty to correct their lack of compliance, you may need to show later that you tried to resolve the situation with your ex-spouse. Often, the problem results from a misunderstanding that can be solved by a conversation. If the behavior persists and you are not able to resolve it between you, you have legal options. Both concern the court, so it is best to follow these paths only if all other options have failed. You will need a lawyer to help you draft and file a contempt application. Your ex-spouse can be detained for contempt of court if they fail to comply with a court order.
Use TexasLawHelp`s Legal Help Finder tool to find a lawyer. You return to this court to pursue enforcement if your ex-spouse does not comply with court orders in the division of property. After a divorce, it is reasonable to expect your ex-spouse to comply with their obligations under your divorce decree. After all, the decree is a final court order. Unfortunately, ex-spouses sometimes do not respect the conditions ordered by the judge. If your efforts to get your ex-spouse to comply with the divorce decree have failed, you have the right to apply for the enforcement of the divorce judgment by the court. You may be able to do this without hiring a lawyer by following these steps. In addition, it is our duty to anticipate the obligations that the client`s ex will not be able to fulfill after the divorce, which will facilitate the execution of the judgment. We explicitly state in the orders what happens if the ex does not comply with the divorce decree and what consequences he or she will have. .