What to Do if Your Ex-Spouse Violates the Divorce Decree?

You finalized your divorce expecting peace.

The hearings were over. The paperwork was signed. The court issued final orders meant to create clarity, structure, and stability. You did what you were supposed to do, trusting that once the decree was entered, life would finally settle.

But for many divorced people, that sense of relief is short-lived.

When an ex-spouse begins ignoring the divorce decree by missing child support payments, refusing to follow possession schedules, withholding property, or creating ongoing disruption, it can feel like the conflict never truly ended. Only now, the stakes are higher. Your time, finances, future and maybe even your children’s sense of security are being affected.

The good news is this: a final divorce decree is not just a piece of paper; it is a court order with real enforcement power behind it. When your ex-spouse violates those terms, Texas law provides clear legal remedies to help you regain control. Under Texas Family Code Chapter 157 – Enforcement of Court Orders, courts have authority to compel compliance and impose penalties when necessary.

At Skillern Firm, we work with clients who believed the hard part was behind them, only to realize they now need an enforcement to protect what the court already awarded them.

This article explains what a divorce decree is, how to recognize enforceable violations, and the legal options available when compliance breaks down, so you can move forward from reaction to resolution.

What is a Divorce Decree?

A divorce decree is not a guideline or a suggestion, it is a legally binding court order that establishes the framework for life after divorce. It clearly defines each party’s rights and responsibilities regarding:

These provisions exist for a reason: to reduce conflict, create predictability, and provide stability, especially for children who depend on consistency and structure. When one party fails to follow the decree, it does more than create inconvenience; it undermines the court’s intent and disrupts the stability the final order was designed to protect.

What to Do if Your Ex-Spouse is Violating the Decree?

When a divorce decree is violated, it should be addressed strategically. Enforcement exists to stop ongoing violations and require compliance with legally binding court orders. Below are the legal steps Texas courts use to evaluate and enforce noncompliance.

Review the Divorce Decree & Gather Evidence

The first step is to carefully review the final divorce decree and identify the specific provisions that may have been violated. Courts will only enforce obligations that are clearly and unambiguously stated in the order.

Because enforceability depends on precise language, determining whether a violation has occurred is not always straightforward. Consulting with an attorney can help determine whether a provision is enforceable, whether a violation exists, and what remedies may be available.

If you are unsure where to start, you can review how enforcement works on our Enforcement of Court Orders page.

Once enforceability is established, documentation becomes critical. Evidence may include:

Payment records
Written communications
Missed exchange logs
Any records demonstrating noncompliance

Motion to Enforce

If your ex-spouse is violating the divorce decree, a potential next step is to file a motion to enforce. Under Texas Family Code Section 157.001, a motion may be filed to enforce any provision of a temporary or final order.

For additional reference, you can also review the statute through Texas Constitution and Statutes.

This motion must clearly identify the provisions of the order that are being violated and sought to be enforced.

For example:

If you want custody provisions enforced, you must list the specific violations, including dates, times, and the nature of the violation.
If you want child support enforced, you must include the exact amounts owed and the dates payments were missed.

After the motion is filed, the court will set a hearing. At the hearing, both parties may present evidence, and the court will determine whether violations occurred and what enforcement remedies are appropriate.

Motion for Clarification

If a provision in the divorce decree is vague or unclear, a motion for clarification may be necessary before enforcement can occur. This process is governed by Texas Family Code Section 157.421

A motion for clarification does not modify the decree; instead, it asks the court to clarify the language so that it can be enforced.

Clarification is often necessary when ambiguous provisions prevent enforcement or contempt remedies. Once clarified, the court’s interpretation can be enforced going forward.

If your order contains unclear language, our family law attorneys can evaluate whether clarification or enforcement is the right step.

Seeking Contempt

In certain cases, the court may hold a party in contempt for violating the divorce decree. Contempt applies when a party willfully disobeys a court order that is within their ability to comply with. Contempt is most often only applicable in cases where it can be proved that the opposing party intentionally and repeatedly violated an order.

Texas law recognizes two forms of contempt: civil contempt and criminal contempt, and the court may impose both in the same order.

The purpose of civil contempt is to coerce the party to comply with the court’s order. Punishment is conditioned on compliance. If the party complies, they can avoid the penalty. Possible consequences include fines, or even confinement, until compliance.

The purpose of criminal contempt is to punish a party for disobeying a court order. Unlike civil contempt, the punishment is fixed and cannot be avoided.

The Court has several enforcement remedies available to it in punishing a party found in contempt, including fines, wage garnishment, confinement and license suspensions.

Contempt is not always available in every case. The violation must be willful and within the party’s control. Common examples include:

Repeatedly failing to pay court-ordered child support or spousal maintenance
Denial of court-ordered parenting time

Final Thoughts

A divorce decree is meant to bring structure, accountability, and peace.

Courts take violations of final orders seriously because consistency matters, especially when parenting time, financial support, and long-term planning are involved. Enforcement actions remind a non-compliant ex-spouse that court orders are not optional and that continued violations carry legal consequences.

Just as important, enforcement is most effective when you are prepared before problems escalate. Many Skillern Firm clients choose to keep a General Legal Advice (GLA) Trust open even after their divorce is finalized. Doing so allows you to act quickly if issues arise, obtain timely legal guidance, and avoid delays when enforcement or clarification becomes necessary.

If your ex-spouse is violating the divorce decree, or if you sense compliance may become an issue, now is the time to take act. Schedule a consultation to protect your rights and restore stability.