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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter has received several versions of a final decree

Resolved Question:

My daughter has received several versions of a final decree of divorce and does not know how she can tell if they are legitimate or what step she needs to take next. She is not in agreement with all the items in the document. Neither party in this case is using an attorney as of yet. They were hoping to avoid it. What do we need to know and do to move forward?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify:

1) What county is this in?
2) Do any of the decrees have a judge's signature on it?
3) Does she remember signing off on anything called a WAIVER and/or receiving a citation and service of process?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


We reside in El Paso County, El Paso Texas. There is no signature on the papers he is currently asking her to sign. She was formally served with an original petition for divorce. She was later asked to sign a waiver, but it was something he just typed up and she refused. He has since given her various versions of waivers and decrees, so now we are just confused.

Expert:  Ely replied 1 year ago.
Okay, thank you.

Does she agree in general sense about the divorce but simply does not like one of the decrees that he sent?

Does she wish to add/take away something from these decrees to make it more palatable for her to sign?

In other words, what does she WANT here?
Customer: replied 1 year ago.


She is in complete agreement regarding the divorce, but wants to change some things within the decree. She is not sure how to make changes and how to move things forward to a legitimate finalization.

Expert:  Ely replied 1 year ago.
Thank you.

What has happened is that he has filed for a divorce, and she has agreed, and now he is asking her to agree to a joint proposed DECREE (judgment) in the divorce, that the Court would then sign into a binding, official judgment.

It can be anything the two of them agree on. If they both sign off on the decree, the Judge will also. If they cannot decide, the Court will then make a decision for them at a final hearing.

As such, someone in her situation may wish to counter with a decree that contains what SHE wants. This may simply be a version of one of the decrees that he presented with extra verbiage of what she wants, etc. Or she can simply tell him and he can add it in. It is negotiation. Once they come to an agreed decree, they both sign off on it and then he files it with the Court and the Judge makes it binding upon them.

So right now, she is not responding to anything and he is confused and keeps sending her various copies of the decree, hoping she's sign. She needs to communicate back to him as to what she wants to be included in the decree. Hopefully, an agreement can be reached.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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