In a Texas divorce, the court will order a division of the marital estate of the spouses in a manner it determines to be equitable and fair. Once the court divides your community or marital property and debt, they will include it in the final decree of divorce. The judge signs it, making it a court order that both spouses must follow.
Suppose your former spouse is not complying with the court orders by intentionally refusing to transfer the property or assets to you in a timely manner. In that case, you can ask the court to enforce your final decree. A motion for enforcement does not change the original division of property determined by the court.
How a motion for enforcement of decree can help you
You and your ex-spouse have the legal obligation to follow court orders and comply with the instructions in your final decree. If one party fails to abide by the decree, an enforcement action will bring the matter to court. A judge can hold your ex-spouse in contempt of court and order them to pay expensive fines and your attorney’s fees. They may even face possible jail time for their non-compliance.
The significance of clarity and extensiveness in your final decree
A spouse may not comply with the decree because the terms and conditions are not explicit. An order of enforcement can clarify the details of the decree and allow your spouse to understand and fulfill the court orders.
However, a judge may not always order the enforcement of a decree, particularly one that is unclear, incomplete or deficient. Therefore, it is crucial to ensure your final decree is clear and comprehensive before the judge signs it.