Final Divorce 30 Days After Final Hearing
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.
Pitfalls to 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.
Appealing Final Divorce Ruling
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!