Final Divorce: Do I Have One?

Final Divorce?

  I frequently hear people say that they went to their divorce hearing and the divorce is now “final.” Not True.  In Texas, all lawsuits,  even divorces , are not final when the judge enters the order. They remain open for a period of 30 days. During that thirty days, either party can request a new trial or ask that the judgment be modified, corrected, or reformed. Once the thirty days passes, you can call it a final divorce.

However, even after 30 days, there can be changes in three circumstances. First, at any time, the judge can correct clerical mistakes. Second, for four years, a party can request a review of the case  based on a very limited number of circumstances, usually involving a lack of due process. Third, a court can declare a judgment void if the original court did not have jurisdiction over the case.

During the 30 days following the judge entering the final divorce decree, a party can ask the court to do something to change the result. This is also the time period for appealing the case to a superior court.

Beware of the strict deadlines for an appeal and the limitations involved.  Things move rapidly and if you miss a deadline, you can’t appeal.  If you are involved in a case and wish to challenge the results, contact an attorney immediately . Failure to do so could compromise any chance that you might have to better your position. If you do like the result, then don’t celebrate just yet; the other party still has at least thirty days to challenge your win.

Once you have a final divorce, make sure you complete the divorce process .  Then you truly have a final divorce and a completed divorce and you can move forward with your life.

Bob Leonard Law Group, PLLC

Contact a Fort Worth Divorce Specialist Board Certified Family Lawyer!

817-336-8500