Imagine finally getting through a complex divorce process only to notice several errors and omissions in your divorce decree. Perhaps your name is misspelled, or maybe something discussed as separate property has been misclassified as marital property that must be divided fairly between you and your former spouse. You certainly understand that mistakes happen occasionally and can surely be fixed promptly. But you can’t help but wonder why obvious judicial errors like this would creep into the picture during what has already been a stressful and emotionally charged time.
Though rare, judicial errors and other procedural slip-ups happen for various reasons and may unnecessarily impact aspects of your ongoing case or make it into the final divorce decree. When this happens, please know you have legal options.
First Things First—What Are Examples of Common Judicial Errors in Divorce Cases?
As previously stated, errors will rarely make their way into final paperwork. That said, everyone is human—even the attorneys and judges looking out for your family’s best interests. Here are a few examples to be mindful of while reviewing your decree:
-
Misclassification of property during asset division
A lot of time and effort goes into ensuring all assets and debt have been properly classified as separate or community property. That said, mistakes do happen and can lead to improper division. This doesn’t just include separate and marital property. Assets such as retirement and investment accounts could be mistakenly omitted, and even business interests could be assigned inaccurate valuations.
-
Incorrect calculation of alimony or child support
You and your lawyer must review your final divorce decree. While rare, it’s possible a judge could incorrectly calculate the paying spouse’s income and award too much or too little alimony. They could also fail to specify terms for child custody, creating unintentional ambiguities.
-
Drafting errors
Other judicial errors in divorce include typographical errors, inaccurate dates listed in the decree that create confusion, incorrect names, and even contradictory terms (for example, stating different child support amounts in different sections of the decree).
-
Misapplication of state divorce laws
Again, this is rare. However, it is possible for a court to improperly apply a different formula or fail to consider certain mandatory factors like the length of the marriage or the financial status of each party. Handling matters outside the court’s jurisdiction could also render some or all of the decree unenforceable.
-
Failure to incorporate pre- and postnuptial agreements
Judicial errors in divorce can also exist in the form of a court failing to enforce a valid prenuptial or postnuptial agreement or neglecting to incorporate the terms of a settlement agreement.
-
Procedural errors
A court might inadvertently prevent significant evidence or witnesses from being presented during the trial due to mis-scheduling appearances, which could definitely affect the outcome of the case.
While these and other judicial errors may be alarming, the reality is that mistakes happen occasionally. And again, the important thing to realize is that you have legal recourse through appeals or motions for reconsideration. The wronged party should consult their current attorney or seek advice from a more experienced attorney to rectify any judicial errors.
Please Call Christman | Daniell for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only. And do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
