Cost of Divorce Decree Mistakes

September 21, 2012
By Radack & Borunda, P.C. on September 21, 2012 10:31 AM |

Lack of specificity in your divorce decree may cost you significantly more than the cost of your actual divorce.

Some Texans fail to understand that the friendliness that currently exists in divorce proceedings doesn't always extend into the future, making for serious problems when one party fails to abide by the terms of the property division. Many parties who are divorcing amicably don't feel the need to argue every detail of their divorce decree, and assume that both parties will act fairly later when the property division actually takes place. However, failure to include details on something like the sale of the marital home or vacation homes can later cause a disastrous outcome.

What happens when one party refuses to list the house with a real estate agent? What happens when one party receives proceeds from the sale of a property but refuses to turn over their former spouse's share? After divorce, parties lose an incentive to be amicable. Or even more simply, sometimes life changes. Your former spouse feels it's suddenly fair that they keep some of your property because they "need it more than you." If you weren't specific in the decree, then you could face an uphill battle in pushing the other side to comply with the decree. In some cases, you would need to go back to court in order to settle a disagreement and enforce your decree. However, in the worst scenarios, lack of specificity in your divorce decree could leave you with no remedy at all. Thus, it is very important for you and your attorney to be as specific as possible, including deadlines, penalties and other repercussions for noncompliance.