I live in Texas uncontested divorce was filed and finalized here all while ex was living in Indiana. Ex was served divorce petition&signed it via process server/ notary I hired. We encountered one problem&it was that final decree required her signature, she gave me verbal consent to sign for her (though I did not note this next to her signature). She was to remarry within the next 3 weeks&needed this done ASAP. She did remarry in fact. Now she is extorting&harassing me saying we are not divorced due to "fraud"&I'm still her husband&that her current marriage is "invalid".I am now engaged&she claims if I remarry my own marriage will be "invalid". In Texas it is the Judge's signature which makes the divorce final--not the parties' signatures. Can she do this&how long does she have to do so?
Ask this in a Texas atty forum, not Indiana. But here, once a court signs a divorce decree its final.
I agree you need to resolve this problem in Texas. Nonetheless, I suspect your Decree is valid until the judge who issued it declares it otherwise. There could be a problem if she alleges you signed her name without her permission -(it would be a "he said - she said" situation unless you have proof to the contrary) - but that would be for a judge to decide. If you signed her name without her permission, or can't prove otherwise, the judge could find that the divorce was obtained fraudulently.
My advice would be to resolve this matter before you get married again.
You should find a local attorney and get advice based on a better conversation. There are too many factors to consider to provide you better advice.
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I agree with my colleagues that this issue is better directed to a Texas court not an Indiana court. However, you should determine what exactly she thinks is "invalid." The Texas court may have been able to dissolve the bonds of matrimony with or without her signature or agreement. However, her signature or agreement may be necessary for specific orders (custody, division of assets and debts, etc.). There may also be an issue of her failing to challenge the Decree within Texas statutory time limits. Or she may have indicated her agreement by her subsequent actions; i.e., getting remarried very quickly implies she knew of and agreed with the divorce.
But check with a Texas attorney to confirm how Texas law applies to this situation.
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