Can the divorce be appealed during this time in Texas?

This is a discussion on Can the divorce be appealed during this time in Texas? within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I live in Texas and you have to wait 30 days before you can remarry.....can the divorce be appealed during ...

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Old Jul 22nd, 2012, 10:14 AM   #1
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Default Can the divorce be appealed during this time in Texas?

I live in Texas and you have to wait 30 days before you can remarry.....can the divorce be appealed during this time if we still want to be married?
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Old Jul 22nd, 2012, 11:54 AM   #2
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Default Re: Can the divorce be appealed during this time in Texas?

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I live in Texas and you have to wait 30 days before you can remarry.....can the divorce be appealed during this time if we still want to be married?

An appeal should not be necessary, for a decree or order is not final until 30 days after it has been entered. What can be done, instead, is for both parties to make a joint motion to the trial court for an order to vacate the decree -- - "mutual mistake", "the parties have reconciled and the marriage is not broken", a couple of reasons that can be advanced.

The law and society favor marriage so it should be a motion that would be welcomed by the trial court.
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Old Jul 22nd, 2012, 07:08 PM   #3
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DO BOTH PARTIES HAVE TO B AT COURT FOR THIS
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Old Jul 23rd, 2012, 10:03 AM   #4
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Default Re: Can the divorce be appealed during this time in Texas?

If both parties sign sworn affidavits for the motion, that should be adequate. However, to be certain, the judge might require personal appearance and sworn testimony from both that they have reconciled and the marriage not broken.
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