Full question:
My wife petitioned for divorce. I filed a response requesting the judge assist us with division of debts and property. The judge failed to address this. He had five divorces going on at the same time. I have until Nov. 6th to appeal. My question is do I file an appeal, make a motion for a new hearing, or a motion to modify the final divorce decree? Also, I need the correct form to file. Can you provide the form?
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Texas
Answer:
The answer will depend on all the facts involved, such as whether there has been a final order by the court and whether the issue of property division was addressed at all in a divorce decree. We are prohibited from giving legal advice, as this service provides information of a general legal nature. We suggest you contact a local attorney who can review all the facts and documents involved.
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Therefore if a final divorce decree was issued with a property award or the issue was inadvertently not addressed, a motion for reconsideration or appeal may need to be filed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
