Final Decree got denied by TX judge

[pizzon]

What is the name of your state? : Texas

Hello, i am helping a female friend go through her divorce. It should be an extreamly easy one. They never really lived together, never has any bills or adjoined financial accounts (absolutely nothing literally, both lived seperate the whole time), he pretty much ditched her after getting married.

The court issued a citation to sign, which the husband refused to sign. She brought the final decree of divorce along with a martial settlement agreement (which stated hey had no anything together, IE "I am responsible for my own debts and he he responsible for his"

This was told by the clerk to her to do since they had nothing, it really wasn't a marriage.

However today in court the judge said he couldn't file it because of the fact that the husband did not sign the marital setlement, even though she explaind the fact that they have nothing tieing eachother and he will not sign anything.

He said she needed to use a "differnt course of Final Decree of Divorce", and considered answering which form she needed a legal advice so he couldn't give that out.

What exactly DOES she need? Just add another page to the decree just saying that no debts were obtained during the marriage? Any help would be greatly appreciated

 

[mistoffolees]

Essentially, a divorce is either contested or uncontested. For it to be uncontested, both parties have to agree to ALL matters and sign off on the agreement. That is what your friend is trying to do.

However, if the husband won't sign off, then it's a contested divorce and will need a hearing, etc.

 

[pizzon]

Thanks, yeah it is uncontested. Of course Texas is a no fault state, and this court really doesn't ask for a reason for the divorce even. The judge just wants the Final Decree of Divorce, which when she presented it to him he said he couldnt use it. If it would help I will upload scanned copies of the decree, but the main part was the part where it says all debts and properties belong to whomever they belong to and nothing more.

Im really not understanding what exactly he wants, since in the martial settlement agreement had the properties and debts.. do I need to just make a new Final Decree with the debts and properties attached? Will that work?

*edit* he said she needed "another route" on the divorce decree, and wouldn't explain any further.

 

[mistoffolees]

Thanks, yeah it is uncontested. Of course Texas is a no fault state, and this court really doesn't ask for a reason for the divorce even. The judge just wants the Final Decree of Divorce, which when she presented it to him he said he couldnt use it. If it would help I will upload scanned copies of the decree, but the main part was the part where it says all debts and properties belong to whomever they belong to and nothing more.

Im really not understanding what exactly he wants, since in the martial settlement agreement had the properties and debts.. do I need to just make a new Final Decree with the debts and properties attached? Will that work?

*edit* he said she needed "another route" on the divorce decree, and wouldn't explain any further.

If you're not interested in advice, why are you here?

I gave you the answer. If he is unwilling to sign the agreement, it is NOT uncontested.

 

[pizzon]

.... Yes i am interested in advice, i need advice on the DECREE, the judge looked at it and pretty much threw it back at her and told her to reschedual when she had the right decree.

Everything has been filed and gone through and everything and she had her court hearing today, thats where that all came from. I understand what a contested and uncontested divorce is. What I dont understand is which Decree of Divorce is right (or just how to add the debt part correctly on it) without him signing.

He said she cant use a Marital Settlement Agreement because he wont sign agreeing they hold no properties or debts, but she still needs to add it to "another" decree for the judge to go forth with aking the divorce finalized

 

[Ohiogal]

Thanks, yeah it is uncontested. Of course Texas is a no fault state, and this court really doesn't ask for a reason for the divorce even. The judge just wants the Final Decree of Divorce, which when she presented it to him he said he couldnt use it. If it would help I will upload scanned copies of the decree, but the main part was the part where it says all debts and properties belong to whomever they belong to and nothing more.

Im really not understanding what exactly he wants, since in the martial settlement agreement had the properties and debts.. do I need to just make a new Final Decree with the debts and properties attached? Will that work?

*edit* he said she needed "another route" on the divorce decree, and wouldn't explain any further.

YOU do NOT get to do anything unless you want slapped with practicing law without a license. SHE can make her own divorce decree without a marital separation agreement. An agreement quite frankly states that HE and SHE BOTH agree. Debts and property need incorporated but not in an agreement.

 

[pizzon]

Thanks.. a bit harsh but understandable. Just know that im not acting as her lawyer or anything, we've known eachother for a long time and she asked me for help and I came to here with the question because I didnt know the answer.

So all in all, she CAN write on the DECREE that all debts on both sides belong to themselves, and that no property or assets need to be split correct?

*edit* as well as shes here right next to me, she came across the problem at court today and liek I said, asked me for help and I found this site.

 

[LdiJ]

Thanks.. a bit harsh but understandable. Just know that im not acting as her lawyer or anything, we've known eachother for a long time and she asked me for help and I came to here with the question because I didnt know the answer.

So all in all, she CAN write on the DECREE that all debts on both sides belong to themselves, and that no property or assets need to be split correct?

*edit* as well as shes here right next to me, she came across the problem at court today and liek I said, asked me for help and I found this site.

She really might want to consider paying an attorney to draw up the paperwork.

 

[ecmst12]

Perhaps what the judge meant was to come back with an agreement signed by BOTH parties.

 

[pizzon]

Yes indeed, sorry ive been rather stressed juggling this and work and my own problems, apparently in Texas the husband (or wife, whichever) does NOT need to sign anything for a divorce to go through.

The judge did mean the settlement needed to be signed by the husband, since he will NOT, she needs a new Final Decree which states that there is no debts or property, insted of a decree which does NOT with an attached Settlement agreement. The only question that lies is which decree is needed, she has a book with a PDF CD, but it only has one kind of decree availible.

Eh.. guess this is the reason i never persued a law degree lol.