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After a judge has signed a divorce judgment or decree incorporating the terms of your signed marital settlement agreement, it may not be possible for you to rescind the agreement. You cannot appeal a decree that you reached by agreement with your spouse. You can only appeal a judge’s ruling if your divorce went to trial. If you want to rescind your marital settlement agreement after the court has signed it into a decree, you would have to file a motion with the court, asking to have your divorce case reopened. Courts will generally only do this under certain circumstances. You can’t just say you changed your mind. You would usually have to prove that your spouse acted fraudulently in your settlement negotiations, such as by lying or concealing assets. You might also have a case if you could prove that your spouse threatened or coerced you into signing the marital settlement agreement. I would doubt that the attorney give the wrong hearing date would qualify but it may be possible. It would probably just be easier (and less costly) to get remarried. You could also bring a legal malpractice against the attorney but this would also be difficult. If you could PROVE that the attorney knowingly concealed this hearing date it may be possible but damages would be difficult to ascertain. There was a filing for divorce and it happened. It might be difficult to argue that it was foreseeable that you actually did not want a divorce. If you did want to go forward with a legal malpractice claim, you should first file a complaint with the Texas State Bar and retain an attorney to file this claim.
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