Under financial duress, and duress of my ex's lies in court I submitted language for a proposed divorce decree. However I recanted that proposal but the trial court forced that decree to be entered based on the terms that I had proposed as to visitation and child custody. Not property and not spousal maintenance as in sec 7.006.
Is there anything in Texas Family Code that says a party may recant a proposed agreed divorce decree? It seems any decree is void if I recanted my attempted settlement agreement before rendition on visitation and custody.
You cannot recant a divorce decree, but at the end of a one year period, except for emergencies regarding the children, you can file a motion to modify the decree.
Your problems may stem from representing yourself. Go retain family law counsel to see whether something can be filed to undo what you did. I do not understand all of your facts such as submitting language.
I agree with Mr. Baker that you need to retain a lawyer to assist you in changing the terms of your rights to visitation and possession. I did not understand your statement about "Not property and not spousal maintenance" but I am assuming that your concern is the children. Depending on when the decree was entered, you might be able to re-open the case if you have the proper reason, and if you have the proper help of a lawyer.
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It depends on how you expressed your consent. There must be present consent at the time the judgment is rendered (meaning spoken by the Judge or signed by the Judge), unless the agreement was the result of a mediated settlement agreement; unless the court accepted a rule 11 agreement for final orders.
An attorney would need to see the file and read the hearing transcript (if any). You have thirty days to file a motion for new trial from the date the judgment was filed.
Ms. Laster practices in Dalla
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