Friday, late afternoon, I signed a Final Decree of Divorce, sent via email by my wife's attorney. I emailed the signed copy back to the attorney. We had negotiated an uncontested settlement.
Later, I realized there was objectionable language that I did not agree to. My wife and her attorney will be going to court this coming week (I don't know when) to finalize the divorce.
Is there a motion I can file to halt the final proceeding, in hopes of getting that language removed before the judge signs it?Can I file an Amended Answer objecting to the language/motioning to strike, even though I have already signed the decree and before the Petitioner goes before the court?
Hire an attorney. File an objection to the form of the decree stating your specific objections. Either get your objections set or show up at entry.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
Send the lawyer email stating that you withdraw your agreement and discuss the language you want to change. It might be something that is required if it wasn't discussed before.
Then hire a lawyer today.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
You absolutely need an attorney. Here's why.
The divorce decree that you signed will constitute an enforceable agreement under Rule 11 of the Texas Rules of Civil Procedure. Therefore, even if you withdraw your consent, as the other attorneys have correctly suggested that you do, your wife's attorney can still ask the court to enforce the agreement as a contract. The court cannot enter the decree as an AGREED order once you withdraw your consent, but the court can enforce the contract and enter the order with the "agreement" portions redacted.
This is tricky business and I have shoved many orders through on this basis. It takes a skilled attorney to win this issue. Without an attorney to make the argument for you, I don't think this will end well for you. And because the issue is not simple, please PAY UP and hire a very good family law attorney. You really need experience on this narrow area of the law in order to have a prayer of prevailing.
Also, as has been suggested, amend your original answer or waiver (whichever you signed) to instruct the court that there may be NO HEARINGS on this matter unless you are present. A prove up is a hearing (it's actually a final trial) so the court should NOT permit them to prove this up without your presence.
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