Is My Divorce Finalized If I Never Signed The Divorce Decree?

advice on divorceQuestion:

The divorce decree was typed up by my ex-wife’s attorney and was not accurate. My divorce lawyer signed it and returned it to her attorney and it was filed with the court.

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?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide legal advice on divorce.

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:

Can I Appeal?

The rules and procedures for appeals are complex and you will certainly need to the assistance of skilled family law attorney as you proceed.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Christian D. Barnard, please contact Cordell & Cordell.

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