When you and your spouse have worked with Texas divorce attorneys to end your marriage and a final decree has been issued by the family court, you are both required by law to adhere to the rules written in that decree.
If your former spouse violates the decree, you could end up needing to call your divorce lawyer again to deal with it.
You and your divorce attorney have the right to file a motion to have the decree enforced with the help of the family court.
Failure to Adhere to A Divorce Decree
The divorce decree handed down by the Texas family court is a set of legal rules that both former spouses in a dissolved marriage are required to abide by.
When one does not and it is brought to the attention of the family court, this is considered to be a form of Contempt of Court.
In the case of violating the divorce decree, divorce attorneys find that the offense of Contempt of Court can carry different punishments depending on the circumstances.
Typically, the court will warn the offending spouse and give them a period of time to correct the violation; however, if the issue is not rectified, that spouse could face imprisonment and other penalties.
When An Ex-Spouse Violates the Divorce Decree
The divorce decree is written to specifically document the responsibilities that each former spouse has after the divorce in a way that can be easily understood and the decree can be legally enforced in the event that one spouse violates it.
If your former spouse is in violation of the divorce decree in any way, you and your divorce lawyer have the right to file a petition with the court to have the decree legally enforced in an enforcement suit.
What Is An Enforcement Hearing?
When filing a petition for an enforcement violation, your divorce attorney will document which part or parts of the decree are being violated and what type of resolution you are seeking to remedy the problem, then submit the request for the enforcement suit to the court.
If an enforcement hearing is granted, you and your former spouse will be required to show up in court with your attorneys to discuss the violations and come up with a suitable solution.
Your ex-spouse will then receive punishment based on the degree of the violation if they are indeed found to be in Contempt of Court; however, it is important to note that the burden of proof that your ex-spouse is violating the decree will be yours.
You must work with your attorney to do that, just as you would to prove any other type of violation or wrongdoing in court to support your request.
Don’t Let Violations of the Divorce Decree Go Unnoticed
If your ex-spouse is in violation of the decree, whether it involves support payments, property distribution, or some other violation, Texas divorce attorneys encourage you to address it the right way.
When talking to your former spouse fails to bring results, you and your lawyer can approach the court and request that the decree be enforced legally!
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
Meetings With Attorneys By Appointment Only
2395 La Palma Street, Suite A
San Benito TX 78586