Legal Question in Family Law in Texas

Divorce Decree

Me and my wife had a divorce decree signed, notorized and handed to her lawyer. Terms of the divorce and custody were stated in the decree. I then moved to Idaho sent our 7 yr old, which had custody of in the decree, to visit his mom.. I then find out that the decree was never signed by the judge, she is hiding from me and asked her lawyer to draw up another decree granting her full custody. Isnt a divorce decree considered an agreement or contract? Besides going back to divorce court, can i also bring other suits against her, like breach of contract? I am trying to overwhelm her with any valid suits so that she will back out and stick to the original agreement. Her funds are more limited than mine and I think I can make her back down..

Thanks


Asked on 10/27/01, 11:16 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce Decree

I don't think trying to overwhelm her with law suits will be very effective. The judge may order you to pay her attorney's fees if you have more money than her. Bring an action to set aside the judgment based upon fraud. That will say enough to the judge and is more likely to get you your desired results. Hopefully, you have a cope of the agreement that you signed. Good Luck, Pat McCrary

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Answered on 11/23/01, 11:12 am
Gass Timothy Gass Law Office

Re: Divorce Decree

Did you and she sign the decree to show that there was an agreement? Do you have a copy of the signed Decree? If the answer is yes you should be able to enforce the agreement you and she entered. Your attornrey should have given you a copy of the agreement and should have made sure that the decree was filed and entered by the court.

You should be able to sue her for breach of contract as you suggested, and you might be able to file contempt charges against her for perpetrating a fraud against the court or for fraud generally. You would need to talk to an economist to determine the monetary amount of which you were damaged or hurt by her conduct. You could sue her for the intentional or negligent infliction of emotional distress. Nothing else comes to mind. I charge $120/hour and my teleph # is 208-345-3817

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Answered on 11/26/01, 11:36 am


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