It is important to have informed representation on your side when handling property division in Texas. With a focus on both internal and professional assets, the skilled property division attorneys of Stange Law Firm, PC, can handle simple divorces with shorter marriages or fewer assets to complex separations with multiple asset portfolios to consider. Enforcing property division orders in Texas with contempt and money judgments are a few ways we can help.

Texas Property Division Laws

Unfortunately, sometimes a former partner will not follow court orders contained within a divorce decree. In these instances, you can begin working towards a resolution by filing a Motion to Enforce. This motion asks the court to enforce the divorce decree and requires the non-complying party to be served via a citation. It is important to note that child support and spousal support, or alimony, do not fall into the category of property division and generally require separate litigation.

While an order of enforcing property division will not alter what is already stated in the divorce decree, it is used to enforce and clarify how to adhere to the decree pursuant to Texas Family Code § 9.007. There is a thirty-day waiting period upon the divorce decree being signed to request a Motion to Enforce.

There are multiple outcomes to a Motion to Enforce when an ex-partner is not complying with a division of property order:

  • Compel performance: This is simply the court ordering the ex-spouse or former partner to do what they were legally required to do under the divorce decree.
  • Money judgment: This is a monetary award for damages or unpaid amounts resulting from the non-compliance of the ex-spouse.
  • Attorney fees: The court can also include attorney’s fees and court costs as part of the monetary award.
  • Contempt sanctions: In extreme cases, or if the ex-spouse continues to defy court orders, a fine of up to $500 or up to six months of time in county jail will be ordered by the judge.

To prove a Motion to Enforce for property division orders in Texas, you must first have evidence, including receipts, payment records, and dated correspondence, to present to the court. Your Texas property division attorney will help you compile relevant evidence to prove non-compliance and demonstrate willful disregard of the court’s order.

Property Division Cases in Texas

The language used in divorce decrees and contempt of court proceedings is vital in proving an ex-partner has defied their agreed-upon or court-ordered terms. An example of this would be clearly stating in the divorce decree that one party’s assets are valued at a specific amount and are to be transferred or divided with the other party upon finalization of the divorce, only for those assets to be depleted prior to their delivery.

If the assets were depleted without proper cause or justification, the asset-holder may be found to be in contempt of the divorce decree.

While Texas was ranked 44th out of 46 states studied in the highest divorce rates in the country, averaging approximately 1.5 divorces per 1,000 residents, some researchers suggest that economic considerations may influence couples to work through difficult circumstances rather than pursue divorce.

Choosing to hire a Texas property division attorney can be the difference between receiving what you are owed and enduring prolonged litigation with your ex-partner. Having seasoned legal professionals advocating for you every step of the way will not only save time and reduce stress but may also save you money or lead to a more favorable outcome than navigating the complex Texas legal system on your own.

FAQs

What Happens if an Ex Does Not Comply With a Court Order?

If your ex-partner does not comply with a court order, your first step is to file a Motion for Enforcement. From there, there is a list of penalties that the ex-partner might face depending on the severity. These penalties include fines, wage garnishment, suspension of licenses, and, in severe cases, jail time might be ordered.

How Powerful Is Contempt of Court?

In a contempt of court case, a judge may encourage compliance through punishment or sanctions. If contempt is proven by evidence of a willful violation or intent to disobey, a judge may order fines of up to $500 or up to six months in jail. Contempt of court is one way a judge maintains authority over court orders and rulings.

What Happens if You Are in Contempt of a Divorce Decree?

If you are in contempt of a divorce decree, you may face penalties, such as fines or jail time. If you feel you have been wrongly accused of being in contempt of your divorce decree, your circumstances and reasons, such as job loss, medical challenges, or non-intentional contempt, can be proven with proper evidence.

What to Do if an Ex-Husband Is in Contempt of Court?

Having strong, experienced representation is the first step in proving any contempt of court case. A Stange Law Firm, PC, property division lawyer will be able to assist in: 

  • Organizing evidence
  • Attempting, where possible, an informal request for resolution
  • Filing a Motion for Enforcement
  • Serving your ex-partner
  • Presenting and defending your case to the court

If you need help with property division or any other legal issues relating to your divorce, hire a property division lawyer who can help.

Hire a Property Division Lawyer at Stange Law Firm, PC

Whether your case allows for peaceful mediation or if more aggressive litigation is required, Stange Law Firm, PC, can help. We understand what is at stake when you or your child is not receiving the financial relief you are entitled to.

Contact a Texas property division attorney at Stange Law Firm, PC, today, and learn more about enforcing property division orders in Texas with contempt and money judgments. We are here to ensure the resources and tools are available to you for a fair and balanced future. Schedule a consultation today, and we can get started helping you protect your future.