How to enforce divorce decree

UPDATED: Sep 30, 2022

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How to enforce divorce decree

In my decree my ex is to either sell or buy me out of the property we shared when married. He had 1.5 years to do so and I do not know how to enforce the decree because he is not going to do it on his own.

Asked on January 10, 2017 under Family Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your recourse is to pursue contempt of court against your ex.  You will need to file with the court an Order to Show Cause (court form) to schedule a hearing.  Contact the court clerk for a hearing date.  In addition to the Order to Show Cause, file a declaration signed under penalty of perjury stating the facts pertaining to your ex violating the terms of the divorce decree. You should also include any additional supporting evidence.  File all your documents with a proof of service which verifies the date of mailing a copy of your documents to your ex so that he will have notice of the hearing.
Prior to filing your documents with the court, check with the court clerk to be certain you have filed all of the required documents for a contempt of court proceeding because the required documents may vary from state to state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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