Is there such thing as a "basic" divorce decree (TX)?

Status
Not open for further replies.

Elwood01

New Member
My husband's ex-wife claims that he was in contempt because he did not follow their official/final divorce decree, and when in contempt that "official/final divorce decree" becomes null and is replaced by a "basic divorce decree". No where in his official/final decree does it state this, nor has she been able/willing to produce a "basic divorce decree" to back it up. She is quite manipulative, and we're not sure whether such a thing exists, or if she's just playing puppeteer to make things more convenient for herself.
1) Does a "Basic Divorce Decree" exist?
2) If either of them were in contempt of their original agreement, would this "Basic Divorce Decree" become the valid document to follow in TX?
3) Where can we get a copy of it?
Thanks in advance for your advice.
 
Sounds like BS to me. She'd have to go to court to have him found in contempt. In what way did he not follow the decree? What's the difference between the 'official decree' and the 'basic', according to the ex?
 
You can get a copy of the final decree (assuming the action was finalized) at the court clerk's office in the county where the suit was filed.

If there isn't one, he may not be divorced. A certified copy costs about $3.00.

The maybe "ex" wife is bluffing. You either get divorced or you don't. If he doesn't know, he may not be divorced.
 
We do have a copy of the final/official divorce decree, signed by the judge and with a court stamp and seal on every page. We actually obtained the copy so that he could follow the papers to the letter without her pulling this kind of stuff. Her claim that he is in contempt is that he didn't give her 24 hours notice that he couldn't pick up the kids on one of his days, because he had a meeting after school (he's a teacher). He let her know as soon as he knew he had a scheduled meeting, but it wasn't 24 hours as the papers state. He does not owe back child support. The funny thing is that she has probably been in contempt of the papers more often than he, because she took full advantage of the fact that he didn't have a copy for some time, in order for her to have the kids during all the holidays. That aside, neither has actually taken the other to court for contempt. He has filed two police complaints against her when she wouldn't surrender the kids to him at his designated times though.

The differences she is claiming there are between the official divorce papers and the supposed basic decree are minor, but that he needs to pick the kids up on Wednesdays, not Thursdays (we suspect this better fits her schedule); the times that he picks them up and drops them off are different; she has full say in their education (she has switched their school and now all three kids are failing one or more classes because she doesn't keep abreast of their assignments and grades - they used to be honor roll students); she has full say in medical decisions, etc. Minor things that each suit her better but which are not in the official decree.

She claims that it is standard that when the official decree is not followed, the agreement reverts to a "basic divorce decree" and she's not going to provide us with a copy if we don't have it ourselves. I'm inclined to agree with irish223 above, that it sounds like bs to me.
 
Seriously?!

These are NOT minor things. These are HUGE things.

She is not only full of baloney, she's trying to steamroller Dad.

If the decree doesn't give her sole legal custody, then she doesn't have sole legal custody and does NOT have "final say" in such things.

"Reverts to a basic divorce decree"? Utter hogswallop! Dad needs to tell her that as per the law, any changes to the current orders are unenforceable until a Judge has signed off on said changes and they become part of a new order.
 
My advice to you is to tell dad to retain an attorney. Instruct the attorney to haul her despicable carcass back before the judge and straighten this mess out, before it spirals out of your control.

Her utter failure as a single parent is hurting three, innocent children. The custody plan isn't to benefit either adult. It is to serve the children. It is to ensure they are patented properly. From what you say this woman's failures are destroying the childrens' futures.

Please, speak to your hubby. He's an educator, for God's sake, I know this concerns him. Those kids need help. The court needs to be noticed. Good luck.

In what county and district court was their divorce decree issued?
 
Status
Not open for further replies.
Back
Top