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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2982
Experience:  associate attorney
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My ex-husband's lawyer lied to him about our court date. She

Customer Question

My ex-husband's lawyer lied to him about our court date. She told him I was scheduled to arrive a different time for our divorce. I didn't even know that our court date was an absolute schedule. Me not showing up, he took it as a sign I didn't want to be married to him. The judge granted him the divorce and I didn't find out until the next day. Two days after that I met my ex-husband and we are now working things out and dating again. Is there anyway to revoke the divorce?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: We are legally divorced now.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can we revoke the divorce and is there a way to get justice from his lawyer who lied to him about the court date? She also tried to gathered false information about me to claim that I was mentally unstable so he wouldn't have to give me any "divorce money".
Submitted: 8 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 8 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and thank you for using Give me a bit and I will draft you an answer to your question.

Expert:  Christopher B, Esq. replied 8 months ago.

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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Expert:  Christopher B, Esq. replied 8 months ago.

Just checking back in, do you have any further questions?