Dallas, TX asked in Appeals / Appellate Law, Family Law, Child Custody and Child Support for Texas

Q: What motion do I file next? Can I stop the appeal to avoid trial?

I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: You should have an experienced attorney carefully review your court file.

If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.

If you weren’t served with your ex’s postjudgment documents, the court likely will decline to hear them when they are set in May.

Since you are pro se and got a default decree against your ex, you already know it is necessary to show proof of service to the judge to proceed in the absence of one spouse.

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