You’ll need to wait at least 30 days after your divorce decree was issued before you can file a motion to have the division of property enforced.
If your spouse was ordered to give you certain property as a result of divorce and he/she failed to do so, you do have the option of enforcing the divorce decree. For instance, if you were supposed to receive the home the two of you occupied while married or even a vehicle, your spouse is obligated to give it to you.
When the division of property is not properly executed following a divorce, there are lawyers who can help you enforce the divorce decree and USAttorneys.com can place you in contact with them.
How to enforce a divorce decree in Fort Worth?
When an ex-spouse fails to divide assets following the issuance of a divorce decree, you’ll need to file suit if you want to enforce it. Your lawsuit should be filed with the court that settled your divorce, though you may be required to pay some fees.
After the court receives your documents, the other party will also need to receive notice of civil action. He/she will then be given the opportunity to respond to the lawsuit. If your ex-spouse fails to respond to your suit to enforce property division, the judge may issue a default judgment. This means the judge will rule in your favor.
When can a motion to enforce the division of property be filed in Texas?
You’ll need to wait at least 30 days after your divorce decree was issued before you can file a motion to have the division of property enforced. As frustrating as this can be, it does give your ex-spouse time to get their financial affairs in order and potentially give you the assets you’re entitled to receive.
Once the 30 days have passed, Fort Worth divorce lawyers can then help you get your documents submitted to the appropriate court. Need help finding reputable Texas divorce lawyers near you? Not to worry as USAttorneys.com takes the hassle out of finding a lawyer by connecting you with those who specialize in divorce law.
How long do I have to file suit requesting enforcement of a divorce decree?
The state of Texas gives you two years to request to have a divorce decree enforced, as per Texas Family Code 9.003 (a). The court often refers to this as the statute of limitations. Because you are limited to only two years, it’s important to consult with divorce lawyers who can begin working on your case as soon as possible.
What if my spouse isn’t following the custody arrangement outlined in our divorce decree?
When an ex-spouse fails to follow any of the terms outlined in a divorce decree, including a child custody arrangement, you’ll need to return to the court that issued it to get it enforced. Of course, it is recommended that you seek legal aid from child custody lawyers who can best advise you on how to do this.
Have questions about this article or a legal concern? Call 800-672-3103.