When and how are court deadlines calculated?

Found default divorce signed 3/25 in TX records search on 28 May. Clerk mailed Cert Decree date-stamp 30th. Rcv'd 6/4. Which date would I use to request new hearing within 30 days of having "knowledge?" OR is the way I read TRCP 306(7) and 329(a), say I have 2 years due to Citation by Publication, and the 30-day clock actually starts on day Motion for New Trial is filed? I know I need an atty, but there is no $'s; can't find pro bono or atty service I qualify for. As an "old" legal secretary (when still called a secretary), I know just enough to get myself in trouble, but I have no option unless I accept no provision for spousal support; my husband of 38 yrs to lie, bold-faced to the Judge, perjure every doc; and forget he signed & notarized an Agreed MSA in 2006.

Decatur, TX -

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Attorney Answers (2)

Brian W. Erikson

Brian W. Erikson

Construction / Development Lawyer - Dallas, TX
Answered

You really ought to retain an attorney for an hour or so to help you sort out your legal situation and to provide some direction and advice.

You should consider filing whatever pleading or motion you deem appropriate as soon as possible and not wait. That way, you can contend that you filed as quickly as possible.

Your question is quite confusing, and difficult to answer intelligibly.

Good luck.

Jeffrey S Johnson

Jeffrey S Johnson

Family Law Attorney - Fort Worth, TX
Answered

It appears the MSA is irrelevant. Given that it was signed in 2006 and that you just had a default divorce granted in 2013, your initial divorce must have been dismissed or non-suited. Accordingly, do not hang your hat on the MSA.

As for the deadlines, you really need to speak to a local attorney to review your circumstances in more depth.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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