How to Enforce a Texas Divorce Decree When Your Ex Refuses to Comply

Your divorce is over, but your ex is not following the final divorce decree.

They may refuse to give you property awarded to you. Maybe they are not following an order about your children or another part of the divorce.

A divorce decree is a court order. If your ex refuses to follow it, you may be able to ask the court to enforce it.

What Does It Mean to Enforce a Divorce Decree?

Enforcing a divorce decree means asking the court to make your ex follow the orders already in your divorce decree.

The court does not normally use an enforcement case to change the original division of property or rewrite the divorce decree.

Instead, enforcement is meant to help carry out what the judge already ordered.

When Can You Ask the Court to Enforce the Decree?

You may be able to ask the court for enforcement when your ex refuses to follow a clear part of the divorce decree.

For example, your ex may:

• Refuse to give you property awarded to you
• Refuse to transfer property as ordered
• Fail to follow certain orders involving your children
• Refuse to follow another clear requirement in the divorce decree

The exact process depends on what part of the decree your ex is refusing to follow.

How Long Do You Have to Enforce a Property Division?

Texas law generally gives you two years to file a case to enforce a property division against a former spouse.

The two-year period generally starts from the date the divorce decree was signed or, when applicable, the date it became final after an appeal.

Because deadlines can affect your rights, it is important not to wait too long before getting legal advice.

What If the Divorce Decree Is Unclear?

Sometimes, the problem is not that your ex is refusing to comply. The problem may be that the divorce decree is not clear enough. In that situation, you may be able to ask the court for a clarifying order.

A clarifying order can provide more specific instructions about how the original order should be carried out. However, an enforcement order cannot change the original property division.

What If My Ex Still Refuses to Comply?

If your ex continues to ignore the court’s order, you may need to take further legal action. In some situations, the court may hold a person in contempt of court for failing to follow a court order.

Contempt can have serious consequences, including fines or, in certain situations, jail time. Whether contempt is available depends on the type of order involved and the facts of the case.

Can You Recover Your Legal Fees?

You may be able to ask the court to award reasonable legal fees and court costs when you take legal action to enforce a property division.

Texas law allows courts to award reasonable legal fees, court costs, and expenses in certain property enforcement cases.

However, an award is not automatic. The court will consider the circumstances of the case.

What Should You Do Before Going to Court?

Start by reviewing your divorce decree carefully. Keep copies of messages, emails, payment records, photographs, or other documents that show how your ex failed to follow the order.

Do not take matters into your own hands or assume that you can simply change the arrangement yourself. If your ex is refusing to comply, getting legal advice can help you understand the proper next step.

How Mokolo Law Firm Can Help

At Mokolo Law Firm, we can help you understand your rights when your ex refuses to follow a Texas divorce decree.

We can review the order, look at what your ex has failed to do, and help you understand your legal options for enforcement. If necessary, we can also help you take the matter back to court.

If your ex is ignoring a court order, do not assume there is nothing you can do. Speak with Mokolo Law Firm to understand your options.

Final Thought on How to Enforce a Texas Divorce Decree When Your Ex Refuses to Comply

Getting a divorce does not always end the legal process. If your ex refuses to follow the final divorce decree, you may have legal options to enforce the order.

Do not ignore the problem or wait until important deadlines pass. Get the right legal guidance from Mokolo Law Firm and understand the steps you can take to protect your rights.