Question:
My ex-wife represented herself pro se in our divorce case. She now wants to rescind on parts of the agree-upon decree.
Is a divorce decree binding, similar to a contract?
Answer:
I can only provide you with some general law concerning divorce decrees.
A divorce decree or a decree of dissolution is a legally binding court order that declares your marriage officially over. When the judge signs your decree, it makes official any agreements reached between the parties and also represents the end of the divorce.
The decree, as a court order, creates binding legal obligations between the parties. If a party breaches one of the specific obligations set out in the document, there are various ways to enforce the final decree of divorce, depending on the state and surrounding circumstances.
I recommend seeking further legal advice. Cordell & Cordell has attorneys licensed and located in 18 states who can provide a more in-depth analysis of your current situation.
Erin E. Clark is an Associate Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Clark is licensed to practice in the states of Texas, Kansas and Missouri. Ms. Clark received her Bachelor of Science degree in Journalism, cum laude, from Texas Christian University. She later received her Juris Doctor from Texas Wesleyan University School of law, where she was an active member of the Law Review.
