Of all the blog post topics on the website for the Law Office of Bryan Fagan, this one may be the most unique of all. Regarding court orders, we continually encourage our clients to find an attorney experienced in family law. This means consulting with the best attorneys you can see and deciding about who you feel the most comfortable representing you and your family. This is a major decision for you to make and it is not one that you should take lightly.
However, even the best and most experienced attorneys can make mistakes. After your family law case, a final order will need to be presented to a judge. Typically, this is done after multiple rounds of revisions and drafts that the document has gone through. Once it is in its final form the party sign in the case comes to an end. That does not mean the document comes out as perfect. There is no such thing as a perfectly written court order. With that said, you would hope that the mistakes in your order Are minimal.
What if he finds yourself in a position where a correction to your court order is necessary? Do you have any options? In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss when a judgment nunc pro tunc can be used in your Texas divorce. This is a silly-sounding phrase that has anything but silly results for your divorce. Any questions you have about judgments nuns pro tunc can be addressed to the attorneys with the Law Office of Bryan Fagan.
What is a judgment nunc pro tunc?
A judgment nunc pro tunc is a legal remedy where you can achieve a correction of a court order previously agreed to. In Latin, the phrase means “now for then” Anything that needs to be corrected or added to the order may be. Keep in mind that the corrections made to the order must be minor. These cannot be substantive corrections that change the rights or duties of either party. Judgments nunc pro tunc can impact parties significantly even if they cannot impact the substantive portions of a court order.
As we just finished talking about, it is easy to make an error in a court order. With so much to keep track of during a case the attorneys and parties become fatigued at the end of a divorce. Everyone is looking forward to the finish line and being able to move on to the next thing. This is exactly when mistakes can happen. Even relatively minor mistakes in a divorce order can impact you negatively.
This is where judgments nunc pro tunc come in handy. With a judgment nunc pro tunc, an error can be corrected in the most efficient way possible. Namely, you can file a petition to have this minor issue corrected sooner rather than later. For example, let’s imagine a situation where your ex-spouse was ordered to pay the debt on a certain line of credit. However, the account number in the order was transcribed incorrectly. This could create a problem where your ex-spouse either inadvertently or purposely fails to pay the debt as ordered. Rather than having to file a motion for a new trial a judgment nunc pro tunc can solve the issue.
What can’t a judgment nunc pro tunc be used for?
A judgment nunc pro tunc cannot be utilized to make a substantive change in the court order. Imagine a situation where, instead of transcribing the account number incorrectly, the attorney entered the incorrect amount of debt that must be paid. Instead of ordering your ex-spouse to pay a $30,000 debt, he was instead ordered to pay a $3,000 debt. That is a humongous mistake. This kind of mistake would need to be addressed via a motion for a new trial or appeal.
Determining how to address the issue with your court order is critical. You may not have noticed the mistake at first but now it could be altering your life significantly. When a creditor starts to call you about the loan not being paid by your ex-spouse that is more than an annoyance. Your name is still on the loan, most likely. A creditor will not absolve you of that debt simply because a divorce decree says your spouse is now responsible.
All this places a huge emphasis on having the right attorney in your case. If you are going through a divorce, you need an attorney who emphasizes the small things. In this type of discussion, those small things make a huge difference. Do not assume that you will be able to overcome those small issues or that they won’t make a difference. As we just saw, the small details add up to something significant. The attorneys with the Law Office of Bryan Fagan do not take the small things for granted.
The type of error in your divorce decree makes a difference
When it comes to the type of error contained in your divorce decree it makes a major difference whether a judgment nunc pro tunc can be used. After your divorce, you and your spouse will sign a final decree of divorce. That final decree of divorce is then submitted to the court for a judge’s signature. Once the judge signs the order then it is entered into the record of your case.
If you or your ex-spouse notice an error within the order, then it may become necessary to correct that order. Under a judgment nunc pro tunc, the error needs to be minor and more clerical in nature. This is as opposed to an error that is substantive. A substantive error changes the outcome of the divorce substantially. On the other hand, a clerical error is one where a person most likely transcribed something incorrectly or made a slight oversight.
Additionally, is it possible for a judge to misapply the law in your case? These types of judicial errors do not need to permanently impact your case. Rather, it is possible to ask a court for a judgment nunc pro tunc to correct the judge’s error. In these cases, may be possible for you to simply contact the court to ask for a correction. If the court can correct on its own, then you bypass the need to file a motion. In other circumstances, nothing for a motion nunc pro tunc could be necessary. This is if your attorney, your ex-spouse’s attorney, or court staff made a mistake of a clerical nature in your document.
How long does a court have the authority to grant your motion nunc pro tunc?
Any Texas family court has the authority to change its orders whenever it chooses to do so. This includes the authority to change court orders based on any mistakes that were included in a judgment. When a court determines that an error in your divorce decree needs to be changed then your motion nunc pro tunc can be granted. The bottom line is that the court once your order reflects its true instructions during your divorce.
The major distinction to keep in mind on this subject is that the change requested cannot alter the outcomes for you or your ex-spouse. Rather, the requested change must be based on a clerical error. The requested change cannot impact conservatorship or property division in your divorce. These would be substantive changes that would alter the outcome of your divorce.
Typically, the court only has the authority to change its orders until a judgment is entered. Additionally, courts have the authority to change orders until the time has passed to appeal the outcome of your divorce. Usually, this is within 30 days after your final decree of divorce is signed by the judge. If there was an error made in the divorce decree which neither party knew about at the time of judgment, then that is something that may allow the court to reopen your case.
Talk with an experienced family law attorney to determine what the circumstances are in your situation. Even if a court cannot grant your motion nunc pro tunc there are other options to consider when it comes to changing your court order.
Modifying a prior divorce decree
There are other options to change the final order of your divorce. Sometimes the issue that needs to be amended is more than a clerical error. When we talk about modifying a divorce judgment, we are looking more at a change in circumstances rather than a clerical change in the order’s language. Modification cases are among the most common in Texas family law. As you would imagine, the circumstances of your family may change after your final decree of divorce is issued. This is when a modification case becomes extremely helpful and, in some cases, essential.
A modification seeks to change a family court order when there are elements of your life that are different now than at the time the order was issued. The main issue with divorce court orders is that they touch on a wide range of topics. This matters a great deal because the likelihood that your life stays the same for many years after your divorce is minimal. As a result, you will likely need to address some part of the divorce decree later.
Sometimes you and your ex-spouse will be able to work through issues together. This is known as an informal modification of an order. For instance, consider a circumstance where you and your ex-spouse agreed to modify your visitation orders with your children. This may last for a short period. However, ultimately you have to rely upon your ex-spouse to honor their word and abide by the agreed modification. Long term this is not a winning strategy. You are better off formally modifying the court order as soon as you determine that there is an issue.
The risks of representing yourself in a modification case
there are numerous risks involved with representing yourself in a modification case. The issues involved in a modification tend to be complex. First, you must identify whether the circumstance in your life is a material and substantial change. Firing a family law case only to find that your circumstances have not changed sufficiently can be a waste of time and money. Therefore, it is best to have an attorney work with you to help determine whether you are requested modification would be successful.
Next, you need to be able to make a compelling argument to the court that your requested modification is in the best interests of your children. A best-interest argument touches on a host of factors. It is not merely enough to argue that a modification suits your child’s academic or physical well-being. Rather, the requested modification must be the child’s emotional, physical, and mental educational well-being. Convincing the court of this takes a certain degree of experience.
Whatever a case gets to a point where you need to modify a court order it is clearly a serious situation. Very rarely would a person willingly go back to family court but for an important reason. When you feel like your family situation is that critical working with an experienced family law attorney can make a tremendous difference. The attorneys with the Law Office of Bryan Fagan know how to help you get the most out of your case. This way your children will benefit to the greatest extent possible.
Read your court orders after signing them to avoid issues
If nothing else, this blog post should be a cautionary tale for those of you who are not necessarily the most detail-oriented people. Family law cases typically come down to the order that is drafted. You should want to be as detail-oriented as possible so that there are no issues with the court order. Sometimes mistakes happen that are out of your control. Something will happen with the court order in between the time that it is signed by you and filed with the court. Currently, technology can create favorable outcomes for us. However, it can also make your life more complex.
This is seen when courts inadvertently utilize technology to make small changes to court orders. What you are left with is the circumstance where your attorney files a document correctly, but the court makes a change an accident. Fourth, there are some circumstances that are fortunately few and far between where the opposing party in your case may change wording or otherwise do something unscrupulous to affect the meaning of the agreement. As we have seen today, there are remedies to fix minor errors in divorce orders. However, more substantive errors will need to be addressed through motions for new trials, appeals, or modifications.
Sometimes these issues can be addressed and avoided simply by reading your court orders thoroughly. When your attorney gives you an opportunity to review your court order it is important to do so. Spend time looking at the language. Ask questions if something is stated that you do not understand. You are not wasting your attorney’s time. Remember that your attorney works for you. Unless and until you are absolutely satisfied with the language and the court order you should not sign it.
Final thoughts on court orders coming out of Texas divorces
When it comes to final decrees of divorce You must be prepared for a range of outcomes in the case. The greater your attention to detail the more likely you are to be able to achieve success in the divorce. Make no mistake, the entire reason you go through a divorce is to come up with a court order that is helpful to you and your family. Anything short of that would be selling yourself and your children’s shorts. For this reason, you need to be clear about what is contained in that final decree of divorce.
However, if you are past that point and have now begun to observe errors in the order you have not run out of options. Judgments nunc pro tunc our options for you to consider. Talk to an experienced family law attorney with the Law Office of Bryan Fagan to determine whether this route is appropriate in your case. For some of you, it may not be. In that situation, you can talk to your attorney about pursuing an appeal, motion for a new trial, or modification.
Thank you for joining us today here on the blog for the Law Office of Bryan Fagan. Our experienced family law attorneys post unique and informative content about the world of Texas family law six days a week.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
