What to Do If Your Ex Doesn't Follow the Divorce Decree in Arizona

The decree is signed, but your ex hasn't transferred the car title, hasn't refinanced the mortgage out of your name, or hasn't paid the credit card balance they were assigned. Your divorce might be final, but the execution isn't — and Arizona family courts have specific tools to force compliance.

Two Legal Remedies: Enforcement vs. Contempt

Arizona provides two main paths when an ex-spouse isn't complying with a divorce decree. They serve different purposes and have different consequences.

Petition to Enforce (Rule 91)

A Petition to Enforce under Arizona Rules of Family Law Procedure Rule 91 asks the court to order your ex to perform the specific action required by the decree — transfer the title, sign the quitclaim deed, complete the refinancing.

This is the appropriate remedy when your ex simply hasn't done what the decree requires, whether from procrastination, confusion, or passive resistance. The court can order compliance and set a deadline.

Important limitation: A Petition to Enforce can only compel your ex to perform actions that transfer property directly between the two of you. It cannot force your ex to pay a third-party debt — if they were assigned the mortgage payment and stopped paying, you can't use this petition to make them pay the bank. You can, however, seek a money judgment for the damage their non-payment caused you.

Petition for Contempt (Rule 92)

A Petition for Contempt (also called an Order to Appear/Show Cause) is a more serious step. It asks the court to find your ex in civil contempt for willfully violating a court order.

Contempt carries real consequences: fines, attorney's fee awards, and in extreme cases, jail time. But the bar is higher — you must demonstrate that your ex knew about the obligation, had the ability to comply, and chose not to.

Building Your Compliance Log

Before you file either petition, you need documentation. The court wants to see a pattern of non-compliance, not a single missed deadline.

Track every obligation from the decree that your ex hasn't completed:

• What was ordered — quote the specific paragraph from the decree
• When it was due — the deadline set in the decree or a reasonable timeframe
• What you did — dates you sent reminders, copies of texts or emails requesting compliance
• What happened — no response, verbal refusal, partial compliance

Keep this log updated chronologically. Screenshots of unanswered texts, certified mail receipts, and bank statements showing unpaid joint debts all strengthen your case.

The Filing Process

You file the petition with the Superior Court in the county where your divorce was finalized. If you're self-represented, the court's self-help center can provide the standard forms.

After filing, the court schedules a hearing. Your ex is served with the petition and given an opportunity to respond. At the hearing, the judge reviews the decree terms, your evidence of non-compliance, and your ex's explanation (if any).

If the court finds non-compliance, it can:

• Order specific performance with a firm deadline
• Award you attorney's fees and court costs
• Enter a money judgment for financial damages
• Find your ex in contempt and impose sanctions

Unilateral Steps You Can Take Now

While waiting for the legal process, take every protective action available to you without your ex's cooperation:

• Freeze joint credit accounts — most issuers allow one account holder to request a freeze
• Pull your credit report — monitor for any activity on joint accounts
• Update your own beneficiary designations — you don't need your ex's participation for this
• Document everything — the compliance log is your strongest tool in court

The Arizona After-Divorce Checklist includes a compliance tracking log and a timeline of all decree obligations, so you can identify exactly what's overdue and build the documentation needed for enforcement.

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