What Makes a Divorce Decree Invalid: What You Need to Know

What Makes a Divorce Decree Invalid: What You Need to Know

Once you’ve settled on the details of your divorce, including the division of assets, child custody arrangements, and support payments, the court will issue a final divorce decree. This document legally ends your marriage and solidifies the terms of the divorce.

Sometimes, however, one spouse discovers that a document used during divorce proceedings was inaccurate or that the final decree has an error. If you’re in this situation, you may want to know what makes a divorce decree invalid and whether you have legal recourse to contest it. 

The combined 100-year experienced Fort Worth divorce attorneys at Mims Ballew Hollingsworth (MBH) are uniquely qualified to help you proceed. Drawing on our collaborative culture, we offer the diverse resources needed to handle our clients’ complex legal matters.

The Ramifications of Errors in Divorce Documentation

During the divorce process, both parties must complete paperwork and provide an extensive amount of information and documentation. Errors in divorce documentation, even seemingly minor ones, can have significant ramifications under Texas law:

Delays in the Process: Simple mistakes like misspelled names, incorrect dates, or incomplete forms can cause the court to reject the paperwork, leading to delays in finalizing the divorce. Your case could be pushed back, extending the timeline by weeks or even months.

Legal Complications and Disputes: More significant errors, especially those concerning property division, child custody, or support, can lead to future legal battles and disagreements between former spouses. Ambiguous or incorrect wording can be misinterpreted, requiring further court intervention to clarify.

Financial Harm: Errors in financial disclosures or asset division can result in an unfair distribution of marital property. For instance, failing to include all assets or miscalculating their value can have long-term financial consequences for one or both parties.

Challenges to Future Actions: If the divorce decree is based on incorrect information or contains errors, it could create obstacles when trying to take actions based on the decree in the future, such as remarrying (if names don’t match official records) or enforcing property transfers.

Potential for Legal Penalties or Invalidation: In serious cases, especially involving intentional misrepresentation or fraud, errors can lead to legal penalties or even the possibility of the divorce decree being challenged and declared invalid.

Need for Correction and Additional Costs: Rectifying errors typically involves filing amended documents or motions with the court, which can incur additional legal fees and require court appearances. Depending on the nature of the error, the other party may need to be notified and agree to the correction, potentially leading to further complications.

Texas courts have mechanisms to correct certain types of errors, such as “nunc pro tunc” judgments for clerical mistakes. However, addressing substantive errors often requires more significant legal action, potentially reopening the case. Therefore, accuracy in all divorce documentation is crucial to ensure a smooth process and avoid future legal and financial problems.

Why Would a Divorce Decree Be Declared Invalid?

A Texas divorce decree, while a legally binding document, can be declared invalid under specific circumstances. 

Lack of Jurisdiction: For a Texas court to have the authority to grant a divorce, at least one spouse must have resided in the state for at least six months and in the county where the suit is filed for at least 90 days. If these residency requirements are not met, the court lacks jurisdiction, and the decree could be challenged.

Procedural Errors: The validity of a decree can be questioned if there were significant procedural errors during the legal process. This might include improper service of citation, where one party was not correctly notified of the lawsuit, or a failure to adhere to other mandatory legal procedures. 

Fraud or Misrepresentation: If one party intentionally deceived the other or the court during the divorce proceedings, the decree could be invalidated. This includes hiding assets, lying about income, or providing false information that influenced the outcome of the case, such as property division or spousal support.

Duress or Coercion: If one spouse was forced or pressured against their will to agree to the terms of the divorce decree, it could be challenged. This requires demonstrating that they did not enter into the agreement voluntarily.

Lack of Legal Capacity: If one of the parties was not legally competent to understand the divorce proceedings or enter into an agreement at the time the decree was finalized (due to mental incapacity, for example), the decree might be invalid.

Falsifying Divorce Documents: Legal Consequences

Falsifying divorce documents is a form of perjury, and under Texas Penal Code § 37.02, it qualifies as a Class A misdemeanor offense. Penalties for such offenses could include fines of up to $4,000 and jail time of up to a year.

If a party continues to lie during a court hearing and their false statements have a serious impact on outcomes, the act could be viewed as aggravated perjury, which is a third-degree felony. This would be punishable by fines up to $10,000 and jail time of between two and ten years.

Contesting a Finalized Divorce Decree

Can a divorce decree be voided in Texas? Not exactly, but it can be contested and modified under the right circumstances.

There are two ways to contest a finalized divorce decree. If you think the court that ruled on the decree has made a mistake, you can challenge the decision by appealing to a higher court. Alternatively, you can file a motion to vacate, modify, or correct the decree.

An appeal involves a review of the existing trial record, while a motion to modify allows you to present new evidence, such as proof that your ex-spouse earns a higher salary or has greater assets than claimed during the original divorce proceedings. A seasoned Southlake divorce lawyer can help you determine the best way to proceed.

Ensure Your Divorce Decree Is Valid With MBH

Our experienced lawyers can review your divorce decree for errors, explain our strategy for correcting them, and represent your best interests should you move forward with us. 

With meticulous oversight and a collaborative approach, MBH has earned a strong reputation for client satisfaction. Contact us now to schedule a consultation and discuss your case.