A Nevada divorce decree is a court order — and when a former spouse fails to comply with it, there are legal remedies available to enforce it. Whether your ex is refusing to transfer property, continuing to use a joint account they were ordered to close, failing to refinance the mortgage, or ignoring other provisions of your decree, you do not simply have to accept the noncompliance. Hauser Family Law helps Las Vegas and Henderson clients enforce their divorce decrees when the other party refuses to follow the court’s orders.
Contempt of Court: The Primary Enforcement Tool
The most powerful enforcement mechanism for a Nevada divorce decree is a motion for an order to show cause (OSC) why the noncompliant spouse should not be held in contempt of court under NRS 22.010. Contempt is the willful failure to comply with a court order — and Nevada courts take it seriously. If found in contempt, the noncompliant party faces: fines; attorney fee awards to the enforcing spouse; and in egregious cases, jail time (civil contempt is coercive — the contemnor holds the keys to their own jail cell by complying with the order). An OSC is filed by your attorney, served on your ex-spouse, and typically results in a hearing at which the court determines whether noncompliance was willful and what remedy is appropriate.
Property Enforcement: Liens, Writs, and Transfers
When a divorce decree awards you specific property and your ex refuses to transfer it, Nevada provides several enforcement mechanisms: a court can issue a judgment lien on real property your ex owns in Nevada, recorded in the county recorder’s office; a writ of execution directs the sheriff to seize and sell nonexempt personal property; and for real estate specifically, NRS 125.180 allows the court to execute a deed on behalf of the noncompliant spouse — meaning the court itself signs the transfer documents that the refusing spouse won’t sign. For financial accounts, a court-ordered assignment or transfer order directed to the financial institution can accomplish the transfer even without the ex-spouse’s cooperation.
Mortgage and Refinancing Non-Compliance
One of the most common post-decree conflicts involves the marital home: one spouse was awarded the home and ordered to refinance the mortgage to remove the other spouse’s name within a specified period, but fails to do so. The non-awarded spouse remains on the mortgage (a credit and financial liability) despite no longer having an ownership interest. Enforcement options include: returning to court to modify the decree to require a sale if refinancing cannot be accomplished within a new deadline; seeking attorney fees for the costs of enforcement; and in some cases, demonstrating that the failure to refinance breaches the decree’s terms, exposing the noncompliant spouse to additional sanctions.
Fraud and Post-Decree Modification
If you discover after your divorce that your ex-spouse concealed assets during the proceeding — property that was not disclosed and therefore not divided — Nevada Rule of Civil Procedure 60(b)(3) allows you to seek relief from the decree on grounds of fraud, misrepresentation, or misconduct. This motion must generally be brought within a reasonable time, and courts scrutinize these claims carefully. A forensic accountant can help identify and document concealed assets to support such a motion. If concealment is proven, the court can reopen the property division and sanction the concealing party with attorney fees and costs.
Contact Hauser Family Law — Henderson and Las Vegas Family Law Attorney
If your former spouse is not complying with your Nevada divorce decree, you have legal remedies — and waiting typically makes the situation worse, not better. Hauser Family Law pursues enforcement of divorce decrees through contempt proceedings, property liens, writs, and post-decree modification when necessary. Call today for a consultation.