Enforcing Property Division in Knox / Henderson, Texas
Let Our Porter Family Law Attorney Safeguard Your Rights & Enforce Your Divorce Decree
Once a judge finalizes a divorce decree in Knox / Henderson, you must either transfer certain assets to your ex-spouse or receive them. Should your former spouse fail to comply with the provisions of the divorce decree concerning the division of marital property, you may be eligible to file an enforcement motion.
The Law Office of Bryan Fagan diligently ensures that the terms of your finalized divorce decree in Knox / Henderson are honored. Our family lawyer in Knox / Henderson thoroughly evaluates your case and explores all legal avenues to achieve the optimal outcome. Before pursuing a court order, we evaluate whether mediation or binding arbitration could provide a more suitable resolution if you anticipate difficulties in enforcing the property division.
Filing for Enforcement of Property Division in Knox / Henderson
To enforce property division, you must file an “enforcement motion” with the court where the divorce was initially filed in Knox / Henderson. If you and your ex-spouse now reside in different states, filing the order in your current state may be feasible.
You have a two-year window from the signing of the final decree to file an enforcement motion in Knox / Henderson.
Texas Divorce Property Division Enforcement
A Texas court can enforce property division in several ways:
- If a spouse fails to comply with the decree, the court may issue a monetary judgment in favor of the aggrieved party.
- The non-compliant spouse may be directed to transfer the disputed property or an equivalent sum of money to the aggrieved party.
- If a spouse fails to make a required payment, the court can order the unpaid amount to be provided to the affected party.
- The non-compliant party may face contempt charges, potentially resulting in imprisonment or probation.
- The court may award attorney fees and costs to the aggrieved party.
Ready for Dividing Assets in Separation
Remember, a Texas court cannot alter the property division provision in the final divorce decree in Knox / Henderson. An enforcement motion for property confines enforcement to what the decree specifies and clarifies any ambiguities. However, if the court’s division of property lacks sufficient specificity for enforcement through contempt or other means, the judge can clarify the order to ensure enforceability.
