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Unsigned decree...is it Legal?

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blueman814

Junior Member
What is the name of your state? Texas, Travis County
My decree was signed by our judge a few months after our court appearance. However, the wording of the decree was objected to by myself (and attorney). Specifically, in one part of the decree is says that my ex wife is responsible for the mortgage (which includes county taxes and insure through escrow from a refinance in 2001) and on another page it says I should pay half of the taxes and insurance. We requested the corrections be made before we would sign. Reason being, she wanted to stay in the house I said sure but I'm not going to subsidize her living expenses post divorce. This was all addressed in a CSA prior to our court appearance which we all signed. The divorce was signed by the judge before any corrections were made. Neither myself or my attorney signed the decree! How can the court grant a divorce when I, and my attorney, have not agreed to it's terms. It has been over 2 years and now, as of late, she wants reimbursement.
 


S

seniorjudge

Guest
'...Neither myself or my attorney signed the decree!..."

I was not aware that there was any jurisdiction in the country which requires a party and his attorney to sign a judgment in a lawsuit.

Is this a Texas law?

What did your lawyer say when you asked him this question?
 

blueman814

Junior Member
Attorney's response

Texas, Travis County
My attorney's response was: The decree does not need my signiture but DOES need the signature of both attorney's. Having not signed the decree, therefore not accepting the terms, the decree should be considered null and void. He did file a motion to for retrial (unbeknownst to me) but then did not appear for some stupid reason. Decree went into effect and now I'm stuck, by his own admission. Statutes of limitations have expired for redress. To complicate matters I have a hearing for contempt for non payment of past due taxes and insurance for 2-3 years coming up on the 17th. I am told I will probably be liable for the back taxes/insurance.
Is there any Texas attorney out there who would know wheteher the decree is legal or not? Legal meaning, do both attorneys need to sign the decree before it is to become valid?
 

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