Legal Question in Family Law in Texas
Time requirements for divorce decree to be signed after divorce granted.
I appeared in court in my own behalf and after a painful and lengthy hearing a divorce was granted to my ex-wife, only after I had filed a counter-petition and called for a hearing. My question is, what is the time constraint for the divorce decree to be signed? At the hearing the opposing lawyer volunteered to fill out the decree. Can I also generate one if this lawyer sits on this and takes his time? What are my rights as an individual in this matter. Any replies will be deeply appreciated.
1 Answer from Attorneys
Time constraints for decree to be signed
Often, at the time of the hearing, the Judge will set a date for "entry of judgment". This date provides the deadline by which the Decree must be submitted to the Court for signature. It may be that the Court did not establish a date, or it could be that a date was set and you are not aware of it. Since you represented yourself, you may not have understood the "legalese". Or, since the hearing was intense, you may not recall what the Judge said about this. You should call the clerk of the Court and ask if a date has been set for entry of judgment. If one has not been set, ask the clerk to set one. Although other methods exist for forcing the case to a final conclusion, this is probably the simplest way to handle the matter, particularly if you do not have a lawyer. Anyway, before that date, the opposing lawyer must file the Decree, which reflects the rulings made at the hearing. Make sure you get the opportunity to review the proposed Decree before it is submitted to the Judge. Read it very carefully and make sure it accurately reflects the rulings of the Court. If you do not understand it, or if there is language that is contrary to the rulings of the Court, you should consider hiring a lawyer in your area to handlel the matter. Since the case is near conclusion, the attorneys' fees for this service would probably not be very high (depending, of course, on how complex the case is and how much time is involved).Feel free to call if any other questions. Good luck.