How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask lwpat Your Own Question
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
15417118
Type Your Family Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

Where would I add a sentence to my final decree to waive the

Resolved Question:

Where would I add a sentence to my final decree to waive the 30 day waiting period to get remarried after a divorce in Texas?
Submitted: 6 years ago.
Category: Family Law
Expert:  lwpat replied 6 years ago.
The thirty day waiting period is by statute and cannot be waived by placing a sentence in your final decree. Sorry
Customer: replied 6 years ago.

I know there is a way to waive the 30 day period it is called the waiving the prohibition against remarriage or something like that and I read that you would include it in your final decree or ask the judge for it after the final decree is signed.

Expert:  lwpat replied 6 years ago.
I checked with a Texas expert and he verified that you can request the judge that he waive the waiting period. Some will and some won't. You need to ask the judge's clerk if that can be added to the decree.
Customer: replied 6 years ago.
I called the clerk and they wouldn't answer my question they told me that I had to ask a lawyer. If I can add it to the decree which I already have prepared which section do I add it to?
Expert:  lwpat replied 6 years ago.
Did you actually talk to the judge's clerk rather than the clerk of court? You can add it as a clause in the final order section.
Customer: replied 6 years ago.

I spoke with the same clerk that I filed the petition with so I am not sure if thats the courts or the judge's what about this in the decree: the last sentence is what I added its in bold.

 

 

15. Decree Acknowledgment

 

Petitioner, Billye Felecia XXXXX XXXXX, and Respondent, Darryl Creanston Johnson Jr. each acknowledge that before signing this Agreed Final Decree of Divorce they have read this Agreed Final Decree of Divorce fully and completely, have had the opportunity to ask any questions regarding the same, and fully understand that the contents of this Agreed Final Decree of Divorce constitute a full and complete resolution of this case. Petitioner and Respondent acknowledge that they have voluntarily affixed their signatures to this Agreed Final Decree of Divorce, believing this agreement to be a just and right division of the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Agreed Final Decree of Divorce. The Court finds that good cause exists to waive the prohibition against remarriage for 30 days, and it is ordered that the parties may remarry third parties at any time after the entry hereof.

Expert:  lwpat replied 6 years ago.
No that is not the same clerk. This is your marital settlement agreement not the judge's order. You would put "The parties request"
Customer: replied 6 years ago.
What about this and is that the right section to put it in the "decree acknowledgement"?

 

 

Good cause exists to waive the prohibition against remarriage for 30 days, and the parties request that they may remarry third parties at any time after the entry hereof.

Expert:  lwpat replied 6 years ago.
That sounds fine.

an accept for my time is always appreciated.
Customer: replied 6 years ago.
Of course I will accept it I just want to be sure first because this is really important to me but I do really appreciate your help. So does it really sound alright or are you just saying so?
Expert:  lwpat replied 6 years ago.
No that sounds fine. Here is a typical TX order and you would put the Order like you had first above in section nine.

http://texaslawhelp.org/documents/clusters/TX/275/English/Decree_Divorce_no_kids_2009_English.pdf
lwpat and 4 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Ok thanks so much for all your help and may god bless you.

Related Family Law Questions