What is my recourse if my lawyer filed the wrong divorce decree?
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What is my recourse if my lawyer filed the wrong divorce decree?
My ex-wife was awarded the home. She had no intentions of making payments and could not assume loan into her name. I requested that the divorce decree be revised to state that if she wouldn’t make payments for 3 months, the home would be awarded back to me. The revised decree was signed by my ex-wife and I. However, my lawyer filed the original version of the of decree by mistake. Then, 8 months and 8 mortgage payments (made by me) later, I put the home up for sale. At the time of closing it was discovered that the decree was not changed and so ex had to sign off on the sale and would collect any and all financial gain.
Asked on May 30, 2016 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The attorney should fix the mistake. The mistake can be fixed by the entry of a nunc pro tunc order since this order was mistakenly entered. If the court's won't accept the nunc pro tunc, then you can make an application for a special bill of review because of the circumstances.
Since the attorney was the one who made the mistake, the attorney really should be the one to fix it. If they cannot or will not, consider filing a claim on the attorney's malpractice insurance.
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