According to the county clerk, the judge signed it and it is complete. I never signed the decree.
Is this divorce decree legitimate since I never signed it? What recourse do I have against my attorney for signing a decree that was not accurate?
Your divorce attorney should have reviewed the terms of the decree thoroughly with you and gotten your approval before signing anything. You likely should have signed the Decree as well.
You’ll need to look at the requirements under your state’s law for a parties’ execution of a decree prior to entry by the court. You likely have a limited amount of time to file post-trial motions to have the district court throw the decree out.
You may consider filing an appeal as the mistakes in the decree, your attorney’s actions, and/or the court’s entry of the decree without your signature may constitute an appealable error.
Read Related Article:
The rules and procedures for appeals are complex and you will certainly need to the assistance of skilled family law attorney as you proceed.