Divorced laws to reopen in Texas

[jenab45]

What is the name of your state (only U.S. law)? Texas

My ex-spouse is military. Married over 11 years. He filed I consented to divorce. No problem there. I didn't realize that the military does not automatically award retirement benefits as I was told. He is due to retire within a year. I also found out a month after our divorce, he has a four year old son. Now the conditions of the divorce would have changed had I known this as well. Of course had I known the day the final hearing was being held would have helped, I would have been there. It appears or at least if I understand the papers correctly he was asked and he answered he had no idea where I was which of course is incorrect and very easy to prove. My question is, how difficult would it be to reopen under these circumstances. To modify the agreement

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

My ex-spouse is military. Married over 11 years. He filed I consented to divorce. No problem there. I didn't realize that the military does not automatically award retirement benefits as I was told. He is due to retire within a year. I also found out a month after our divorce, he has a four year old son. Now the conditions of the divorce would have changed had I known this as well. Of course had I known the day the final hearing was being held would have helped, I would have been there. It appears or at least if I understand the papers correctly he was asked and he answered he had no idea where I was which of course is incorrect and very easy to prove. My question is, how difficult would it be to reopen under these circumstances. To modify the agreement

How long ago did you divorce?

 

[Ohiogal]

In addition, your ignorance of the law is no excuse. And his four year old son really doesn't play into matters.

 

[mistoffolees]

In addition, your ignorance of the law is no excuse.

There's one chance that I can see, but a lot depends on how much time has elapsed.

IF the situation is such that she was never notified of the final hearing and her ex told the judge he didn't know how to reach her and she can show that this was a lie, then she might be able to get another hearing. However, if very much time has elapsed since she got the final paperwork, even that remote chance is probably gone. But, of course, it's impossible to determine if that's the way it played out from what she wrote.

 

[Ohiogal]

There's one chance that I can see, but a lot depends on how much time has elapsed.

IF the situation is such that she was never notified of the final hearing and her ex told the judge he didn't know how to reach her and she can show that this was a lie, then she might be able to get another hearing. However, if very much time has elapsed since she got the final paperwork, even that remote chance is probably gone. But, of course, it's impossible to determine if that's the way it played out from what she wrote.

However she has to prove that HE had that knowledge at the time he was asked it in court. My question is -- how does she know that the judge actually asked that? Service needed to take place unless SHE waived service.

 

[mistoffolees]

However she has to prove that HE had that knowledge at the time he was asked it in court. My question is -- how does she know that the judge actually asked that? Service needed to take place unless SHE waived service.

As I said, it's a long shot and depends on a lot of things. For example, she said she can prove he knew where she lived (perhaps she has a letter from him at her address or whatever before the date of the hearing). She would only know what the judge asked by reading the ruling. If there's a statement there that he didn't know where she was, then it would suggest that either the judge asked it, or he volunteered it, or it's a standard line on the papers for a default judgment.

It would be hard to prove all of that and even if she were going to try, she'd have to do so within the time period for appealing the ruling (which is probably on the order of a month or two), so time would be critical.