Legal Question in Family Law in Texas
my current husband and I married Oct 2007, He was previously married and was divorced/paying child support etc. while we were going through a modification to vistion our lawyer stated that his divorcee decree wasn't signed in a few spots and she refiled it in oct 08 does that mean our marriage was null/void? We are splinting up and I need to figure out what to do?
1 Answer from Attorneys
You need to see an attorney as soon as possible. What do you mean not signed "in a few spots?" The only meaningful signature would be the judge's. If the judge did not sign it, then there is a problem. If there were simply some blanks in the decree or if an attorney or party did not sign it, it is still valid. In fact, it would be inappropriate to change and refile it. There are ways to correct or modify a decree depending on whether a mistake was substantive or simply clerical, but you can't just add to it and refile it.
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