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Divorce Decree Amendments

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texasmom2007

Junior Member
What is the name of your state? Texas

I was just granted a divorce in the state of Texas. My ex said he did not plan on participating in the divorce and did not attend the scheduled court hearing. The judge ruled against him and awarded me everything I asked for.

Upon receiving the decree, my ex now wants to 'participate' and go back to court and has hired a lawyer. Now my lawyer wants more money (even though I have yet to receive child support/401K, ect) and I am not sure what to do. If the divorce is already granted, what will happen if I ignore his request to appear at another hearing. Is it imperative to have a lawyer with me? It just seems unfair as I have already paid my lawyer ALOT of money and was granted the divorce by the judge.

I am grateful for any advice!

Thank You.
 


Ohiogal

Queen Bee
Was he properly served? Is it still in the time limit for an appeal? If you do not attend you risk losing. Why should your attorney represent you for free? you need to pay him/her but also ask for attorney's fees.
 

LdiJ

Senior Member
What is the name of your state? Texas

I was just granted a divorce in the state of Texas. My ex said he did not plan on participating in the divorce and did not attend the scheduled court hearing. The judge ruled against him and awarded me everything I asked for.

Upon receiving the decree, my ex now wants to 'participate' and go back to court and has hired a lawyer. Now my lawyer wants more money (even though I have yet to receive child support/401K, ect) and I am not sure what to do. If the divorce is already granted, what will happen if I ignore his request to appear at another hearing. Is it imperative to have a lawyer with me? It just seems unfair as I have already paid my lawyer ALOT of money and was granted the divorce by the judge.

I am grateful for any advice!

Thank You.
Don't be foolish. You need your attorney now more than ever.
 

RAKESH15

Junior Member
With a very little knowledge, so far what I understand,….

<<I was just granted a divorce in the state of Texas.
My ex said he did not plan on participating in the divorce and did not attend the scheduled court hearing. >>

^^ Did U mean Schedule hearing means Pre-trial and Final Trial and Filling out 16C/52D altogether??

If he did not do anything till decree delivered to him,… it is called uncontested divorce and
He is NOT supposed to/ needed even attend the Decree of divorce hearing.

He is losing ONLY if he ignored
Child support attending meetings,
filing out 16C, Wright Chart 52D… etc

Then judge gives you the priority about whatever you wanna do is your choice and he is not given any chance to be heard.
Yr saying is considered default and is carried out by judge.


<<The judge ruled against him and awarded me everything I asked for.>>

<<<Upon receiving the decree, my ex now wants to 'participate' and go back to court and has hired a lawyer.>
His lawyer can still fight while filllling 16C and 52D etc.
Nothing he has lost so far.

<< Now my lawyer wants more money (even though I have yet to receive child support/401K, ect) and I am not sure what to do.
If the divorce is already granted, what will happen if I ignore his request to appear at another hearing.>>>

Decree is the choice of one side, so you will get at your will any way.
But now he has stood up fighting for partition, finance division, alimony, 401 K etc,… You need yr lawyer the most in real battle.

<<Is it imperative to have a lawyer with me? It just seems unfair as I have already paid my lawyer ALOT of money and was granted the divorce by the judge.>>

what ever you think yr lawyer has done , is NOTHING. Now is the time he will have to do.

Divorce is done only at WILL,
so you would had received it anyway without doing anything, so far you wished it.

Lawyer is NOW needed for real time battle to fight for
house, child alimony. QDRO, sharing finance and 401..etc.

<<I am grateful for any advice!

Thank You.>>>

Divorce decree is nthg, you had got it without a lawyer so easily. U need layer to fight for above that I said.
 

Ozark_Sophist

Senior Member
Courts generally frown on default judgements, so you need to attend. I'm not sure about Texas court rules, but in my state, the petitioner (you) could ask the person who was in default to pay attorney costs but it must be drafted properly (still, unlikely unless you can demonstrate your ex willfully defaulted).
 

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