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You will file the motion for enforcement if your ex-spouse is not following the orders set out in the property division. The other party must receive notice by citation and file a written answer to avoid a default judgment. Texas Family Code 9.001(c), 9.006, and 9.007.
In Texas, one spouse refusing to sign divorce papers does not completely stop a divorce from proceeding. If one spouse is seeking a divorce, they can still achieve it whether or not the other spouse cooperates and signs the papers.
Basic steps to filing a divorce in Texas Filing the petition. One of the parties must first file a petition with the court called the ?Original Petition for Divorce? (along with paying the requisite court fee). ... Legal notice. ... The hearing. ... The final decree. ... The assistance of a family law attorney.
A Texas divorce decree is a court order. If you fail to abide by it, your former spouse can file a motion to enforce the divorce decree. This will bring the matter to court, where a judge can hold you in contempt of court and order you to pay a fine, award your former spouse attorney's fees, or even put you in jail.
Personal records ? Some of the documents you'll need include your marriage certificate, birth certificates and social security cards for both spouses and any children, other divorce papers from prior marriages, and any legal agreements you have with your spouse (e.g., prenuptial agreement, separation agreement).