A woman finds out her ex-spouse is violating the non-disparagement clause of their divorce

Is Your Ex Violating the Non-Disparagement Clause of the Divorce?

Divorce often becomes a tense event that affects people at a very deep level. When children are involved, this can elevate tension and strife between the formerly married parents. That’s why many parents seek to include a non-disparagement clause in the divorce order.

A non-disparagement clause is designed to prevent one (or both) parents from talking negatively about the other parent in front of the children in a way that could damage the parent-child relationship. The court will help by setting clear boundaries about what constitutes a violation and then support these boundaries with penalties for violations.

Naturally, though, disputes arise based on either party’s viewpoint about whether there was a violation. This is where the Texas legal system comes into play, bringing the parties together to determine whether there was a violation and if the court needs to enforce the original order.

If you believe that your spouse has violated this clause in the divorce order, then keep reading for more information about what you can do!

3 Steps to Enforce the Non-Disparagement Clause in Texas

Consider following these steps to help your cause as you seek to enforce the non-disparagement clause in the divorce order.

1. Gather Evidence

Evidence and testimonials are critical to proving your argument that your ex-spouse has violated the terms of the divorce order. You will want to gather as much credible evidence as possible to help build your case. Some examples include:

  • Written statements from your children about what they heard
  • Text messages or voicemails from your ex-spouse to your children
  • Eyewitness accounts by other parties that heard the disparaging comments
  • Negative social media posts about you that your children could be exposed to

The key is to establish a pattern of violations. The evidence needs to go beyond a one-off comment that could have been said in jest, misunderstood, or could have been heard out of context. The court will want to see that your ex-spouse has a clear history of making disparaging comments about you in front of the children.

2. Review Evidence Against Divorce Order Language

Once you gather the evidence that you believe points to a violation, then you should compare the evidence against the language of the divorce order.

The non-disparagement clause in the divorce order would have included very specific language about what the parties cannot say in front of the children that could negatively impact the parent-child relationship.

You need to make sure that your evidence matches up with the legal verbiage included in the order. Otherwise, your ex-spouse could argue that your evidence is not completely aligned with the language and is not sufficient to enforce the clause.

3. Talk to a Family Law Attorney

Even if you believe that your evidence 100 percent matches up with the language included in the non-disparagement clause, I recommend that you work with a family law attorney to help enforce the order in a Texas court.

You want to present the best possible argument before the court. Otherwise, you risk not receiving a favorable outcome that could stir up negative emotions between you and your ex-spouse that could affect your children. As an expert in family law, here’s how I can help:

  • Review the terms of the original divorce order
  • Assess the validity of your evidence that disparagement has occurred
  • Determine whether evidence aligns with the language of the non-disparagement clause
  • Represent you in court to help enforce the original divorce order

By following the legal process, I can help you obtain the result you are looking for, putting a stop to your ex-spouse talking negatively about you in front of the children.

Contact Me For Expert Divorce Legal Support in Texas

I understand that you want to enforce the non-disparagement clause as soon as possible. Because I practice family law exclusively, I am well-versed in how to expedite the process of enforcing a divorce order in Texas.

For more than a decade, I have helped parents in Fort Bend County, Brazoria County, and Harris County with divorce matters. If you live in one of these counties, then contact me right away to discuss your situation.

Call my offices at 281-944-5485 or 979-267-7660 to find help with your case. Let’s get to work on enforcing the non-disparagement clause so that you can find personal relief and repair any damage done to the relationship with your children.