Legal Question in Family Law in Texas
Friday, late afternoon, I signed a Final Decree of Divorce, sent via email by my wife's attorney. I emailed the signed copy back to the attorney. We negotiated an uncontested settlement. Later, I realized there was objectionable language that I did not agree to. My wife and her attorney will be going to court this coming week (I don't know when) to finalize the divorce.
Is there a motion I can file to halt the final proceeding, in hopes of getting that language removed?
1 Answer from Attorneys
I don't know what language you disapprove of in the Decree you signed, but to do what you want to do, you really do need to hire a qualified divorce attorney.
Hypothetically, as I know nothing about your case, until you hire an attorney (and the attorney should be doing this) you should send an email with a dated letter addressed to her attorney and he, revoking your signature on the Decree and stating why and tell him that you do not agree to him proving up the Decree that you signed on ___ date, as you have revoked your signature on that same Decree and his authority to prove-it-up, and make sure to copy the court.
The attorney also needs to call her attorney (or you) and advise him of same.
Then, go down to the court and file the letter immediately with the court clerk and go see the Judge's clerk and give her a copy of your filed letter and tell her to give it to the Judge and to flag your court file.
Then, send a copy of the filed letter that you sent, to her attorney.
There is more to be done after this but you need to hire a good attorney.
Your attorney will then need to file a Motion to Revoke and Object to the Entry of the Decree, but it has to be in proper legal form.
And if he already proved-up the Decree your attorney will need to file a Motion to re-open the case.
You will only have 30 days from the entry of the order, and there is no guarantee that the judge will re-open the case as you have to have a basis to re-open and I do not know if you have a legal basis to re-open if it was entered.
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