How to Enforce a Divorce Decree in Georgia

Your divorce decree is a court order, not a suggestion. When your ex ignores it — refusing to sign a quitclaim deed, missing support payments, or failing to transfer a vehicle title — you have legal remedies available through the same Superior Court that issued the original order.

Filing a Petition for Contempt

The primary enforcement tool in Georgia is a Petition for Citation of Contempt, filed in the Superior Court of the county that granted your divorce. You must demonstrate that your ex-spouse had the ability to comply with the decree and willfully chose not to.

Georgia courts have broad contempt powers. A judge can impose fines, award you attorney fees, and even order incarceration for willful non-compliance. The standard to prove contempt is clear and convincing evidence — you need documentation showing the specific decree provision, the deadline that passed, and your ex's failure to act.

Before filing, send your ex a written demand via certified mail referencing the specific paragraph of the decree they're violating. This creates a paper trail that strengthens your contempt petition and demonstrates willful disregard rather than oversight.

When Your Ex Won't Sign the Quitclaim Deed

This is one of the most common post-divorce enforcement issues in Georgia. If your decree awards you the marital home, your ex must execute a quitclaim deed to transfer their title interest. Under the electronic filing mandate (HB 1292, effective January 2025), all self-represented filers must e-file deeds through the GSCCCA portal — paper submissions are rejected.

If your ex refuses to sign, you have two options. First, file a contempt petition asking the court to compel compliance. Second, ask the court to appoint a commissioner to execute the deed on your ex's behalf — Georgia Superior Courts have this authority when a party refuses to comply with a property transfer order.

While waiting for enforcement, record a lis pendens notice against the property to prevent your ex from selling or refinancing without your knowledge.

Child Support and Alimony Enforcement

For unpaid child support, the Georgia Division of Child Support Services (DCSS) offers powerful administrative enforcement tools that don't require returning to court. DCSS can suspend your ex's driver's license, professional licenses, and hunting or fishing permits. They can intercept federal and state tax refunds, seize matched bank accounts, and report delinquencies to credit bureaus.

If your ex owes more than $2,500 in arrears, DCSS can flag the account with the U.S. Department of State, which will deny, suspend, or revoke their passport.

Opening a case with DCSS costs a non-refundable $25 application fee. Parents already receiving TANF or Medicaid get fee-free enforcement services.

For alimony enforcement, DCSS does not get involved — you'll need to file a private contempt action through your attorney or the court's self-help resources.

Building Your Evidence File

The strength of any enforcement action depends on your documentation. Keep a chronological log of every missed deadline and broken commitment, including dates, amounts, and any communication with your ex about the issue.

Collect copies of the specific decree provisions being violated, proof of service showing your ex received the decree, and any written refusals or acknowledgments. Bank statements, payment records, and screenshots of relevant communications all help establish the pattern of non-compliance.

The Georgia After-Divorce Checklist includes a priority deadline calendar and tracking worksheets designed to document exactly this kind of compliance timeline — useful both for staying on top of your own deadlines and building an enforcement record if your ex falls behind.

When to Hire an Enforcement Attorney

You can file a contempt petition pro se, but enforcement cases involving real estate, retirement accounts, or contested custody provisions benefit from legal representation. Georgia courts can award attorney fees to the prevailing party in contempt actions, which means your ex may end up paying your legal costs if the court finds willful non-compliance.

Many Georgia family law attorneys offer flat-fee contempt filings ranging from $1,500 to $3,500, depending on complexity. For straightforward violations like refusing to sign a deed or missing a title transfer deadline, a single contempt filing often resolves the issue without a full hearing — the threat of judicial sanctions motivates compliance.

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