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Definition of original divorce action

Dallas, TX |

I had my divorce finalized, the other party appealed within the 30 days and motion for new trial got granted. Is this considered an original divorce action still? or what does it mean?

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Attorney answers 3


Yes, you are in the original divorce action and the judgment as entered is vacated thus void. You have to try it all again.


I agree with Mr. Busby. If there were temporary orders, they are reinstated. Otherwise, it's just as if the final order of decree were never signed by the court. I am very familiar with the courts in Dallas County and can assure you that the judges there will work hard to make sure that the children are protected (if there are any) and that a just and right division of your community property occurs.

Note that when a motion for new trial is granted, the other side is REQUIRED to pay your legal fees incurred in finalizing the original judgment.

If you don't have an attorney, now would be a great time to get one.

Good luck!!


Yes, as was stated, the Motion for New Trial that was granted by the Court has the effect of erasing the original judgment that was entered, as if it had never been signed. The interesting thing is that most of the time, since Texas has no-fault divorce, the granting of a new trial is almost always because the Court found that the division of property was somehow flawed. You will, ultimately, be granted your divorce, but the new decree will probably differ significantly from the one originally signed by the Judge. Best of luck to you, and please think about hiring a lawyer if you have not done so. Negotiating and finalizing a satisfactory property division and final decree can be difficult work, particularly as you have now "been there, done that," and you're going to have to go back through it.

There is no legal relationship created or implied by the exchange of messages or information on this website. All statements by me are offered as general guidance, but should not be considered in any way to be legal advice for you to act on without consultation with a licensed lawyer in your state. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information and guidance offered on this site. Legal advice is ONLY offered by me in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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