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  1. #1
    texas75002 is offline Junior Member
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    Question Effect of Final Divorce Decree Not Being Recorded

    What is the name of your state? Texas (Divorce decree from South Carolina)

    I received the "Final Decree" in the mail back in Feb 2005 from the ex-wifes lawyer in South Carolina. I paid the court fees as the order required on 1 April 2005. I got married again in Texas on 10 June 2005.

    Today, I got a letter from my exwife stating that the divorce is not final because the document was never "Recorded" and that the terms of the separation agreement are still in force. She does not know I remarried.

    Am I in a big mess? I have found case law this afternoon regarding the fact that a divorce is legal at the time of the judge issuing it. So what is going on here?
  2. #2
    dallas702 is offline Senior Member
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    What is on the last page? Judge's signature? Clerk's stamp?
  3. #3
    texas75002 is offline Junior Member
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    Unhappy RE: Last Page

    The copy that was sent to me had no signature from the Judge on the last page. The hearing was to grant a final divorce to her. The order required me to pay 750 dollars to complete payment for the divorce. I had no attorney of my own. Why did they not have the courtesy to inform me of this? I mean, this is not a game. It is about peoples lives for goodness sake. I never went through this before. If a divorce is not a divorce, what is it?
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by texas75002
    The copy that was sent to me had no signature from the Judge on the last page. The hearing was to grant a final divorce to her. The order required me to pay 750 dollars to complete payment for the divorce. I had no attorney of my own. Why did they not have the courtesy to inform me of this? I mean, this is not a game. It is about peoples lives for goodness sake. I never went through this before. If a divorce is not a divorce, what is it?
    Its not a divorce until the judge signs the final paperwork. It sounds like that didn't happen for one reason or another. I would recommend calling the court clerk to verify the information that you are getting from your wife. They can check the file to see whether or not the divorce was completed, and can tell you what still needs to be done.

    If the divorce isn't final....then technically your new marriage is void...and in fact you are a bigamist. You probably need to consult an attorney on how to fix that.
  5. #5
    dallas702 is offline Senior Member
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    Youch!!!!!

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