State of Texas
I found out yesterday that my ex- wife, who is a divorce attorney, filed and was granted a motion for judgement Nunc Pro Tunc three days after our final divorce decree in 2008 (State of Texas, Tarrant County). I was never notified/served with this. She simply added one line that assigned a $12,000 credit card debt to me. This card I did not even know existed and it was in her name as the primary. She has continued to charge on this card, and apparently paid the monthly bill. Now she says I owe this debt.
I am shocked that this could even happen. How could a court allow this? Seems they were asleep at the wheel. I thought a motion for "Nunc Pro Tunc" was to fix small non-significant clerical errors, not for secretly modifying the property settlement to the tune of $12,000! If this is an allowable legal scheme, then why stop at the one line adder? Why not go all the way, i.e., she could have just assigned all the assets to her and all the debts to me, trashing the property settlement I agreed to in the "first" final decree? This is wrong/unethical on many levels! Did she break the law? Surely this is a conflict of interest. If not outright illegal, it should at a minimum be grounds for disbarment!
I had no idea that I did not have a final divorce decree in hand for all this time. In fact, there was a subsequent "final" final divorce decree, with a modified property settlement! What a swindle!
What recourse do I have to get this reversed?What is the name of your state (only U.S. law)?
I found out yesterday that my ex- wife, who is a divorce attorney, filed and was granted a motion for judgement Nunc Pro Tunc three days after our final divorce decree in 2008 (State of Texas, Tarrant County). I was never notified/served with this. She simply added one line that assigned a $12,000 credit card debt to me. This card I did not even know existed and it was in her name as the primary. She has continued to charge on this card, and apparently paid the monthly bill. Now she says I owe this debt.
I am shocked that this could even happen. How could a court allow this? Seems they were asleep at the wheel. I thought a motion for "Nunc Pro Tunc" was to fix small non-significant clerical errors, not for secretly modifying the property settlement to the tune of $12,000! If this is an allowable legal scheme, then why stop at the one line adder? Why not go all the way, i.e., she could have just assigned all the assets to her and all the debts to me, trashing the property settlement I agreed to in the "first" final decree? This is wrong/unethical on many levels! Did she break the law? Surely this is a conflict of interest. If not outright illegal, it should at a minimum be grounds for disbarment!
I had no idea that I did not have a final divorce decree in hand for all this time. In fact, there was a subsequent "final" final divorce decree, with a modified property settlement! What a swindle!
What recourse do I have to get this reversed?What is the name of your state (only U.S. law)?