Yesterday’s blog post dealt with the issue of what a Bill of Review is. It also explored its application in family law cases when you face an undeserved negative judgment.
This is a topic that requires a little background information to know what is going on, in my opinion. So, I would recommend that you go back and read yesterday’s post before moving on to today’s.
With that said, a Bill of Review might be unfamiliar to many. However, it’s a legal tool for sharing your story with a judge when you’ve been previously denied that chance. Today, we’ll delve into a real Houston-area case to see how it affected lives through a Bill of Review filing.
Grant v. Grant – Two Marriages and Two Divorces
Let’s meet our cast of characters before we discuss the exciting world of the Bill of Review. The Grants were a married couple that were actually married and divorced two times. Their first marriage occurred in 1994 and the Wife filed for divorce in 2010. As many people do during a divorce, the Grants continued to live together during the divorce case.
Here is where our case gets a little interested. As it happened, the Husband was convicted of a federal crime during the divorce case (unrelated to the divorce). He was sentenced to serve three years in prison. With this in mind, both Husband and Wife wanted to get their divorce case completed before Husband was shipped off to federal prison.
A trial notice was sent to Husband by certified mail (under house arrest at the time and was not represented by an attorney). However, he did not show up for the trial date.
Ultimately, as it happens when one party doesn’t appear for a trial, the judgment was much more favorable to the Wife. The Husband was none too pleased when he found out. After this, Husband began to serve his prison term as scheduled.
The Grants Remarry and Our Story Continues
Approximately one year after their divorce, with Husband still serving time in prison, the Grants decided it would be a terrific idea to remarry one another. After this marriage Wife ended up selling some of the property that she was awarded in the first divorce.
To that point, Husband would still contend that the property was rightfully his separate property and he lost out on it only because he claims to never have received notice of the first divorce trial date.
As luck would have it, our parties divorced again in 2015. The parties had their second Final Decree of Divorce entered by the court, at which point the Husband filed a Bill of Review in regard to the first Decree that awarded the Wife property that he asserted was rightfully his separate property.
The Grants’ Bill of Review Hearing
The Husband claimed he faced property loss to his ex-Wife because he wasn’t notified of the initial trial date. Wife contended he had notice (via certified letter from her attorney) and that he could have obtained permission to leave since he was under house arrest. Husband claimed Wife never informed him of the trial date, but the court ruled in favor of Wife.
Husband, determined not to be denied, appealed the trial court’s decision. The Houston Court of Appeals demanded proof of fraud in the judgment. Husband was ready for this and argued that:
- Wife had misled him by never mentioning the trial date to him, again despite living in the residence together
- Wife had provided the court their home address for sending him correspondence when in actuality the prison address would have been more appropriate as far as providing a last known address. This was important as the judgment was sent to an address where he was not living and caused him to not respond in time to file a motion for new trial
The court did not buy the second argument being made by Husband. They asserted that Husband did not prove that Wife had purposely misled the court as to his actual address.
This left the Husband to need to prove extrinsic fraud in order to win his Bill of Review petition. Extrinsic fraud must be proven when filing a Bill of Review more than four years after the judgment. In this case, the court did not find fraud, leaving the Husband divorced and without property awarded to the Wife in their first divorce.
The Law Office of Bryan Fagan, PLLC- Advocates for Southeast Texas families
This story involved people that live in our area and went through quite a journey through our legal system here. While their circumstances are certainly unique – the standards applied to them are the same that will apply to you and your family in a southeast Texas divorce. Having experienced and assertive representation can reduce the occurrence of mistakes and mishaps with your own divorce or child custody case.
The Law Office of Bryan Fagan, PLLC prides itself on representing individuals and families throughout southeast Texas. If you have questions about a particular issue in family law please do not hesitate to contact our office today. A free of charge consultation is only a phone call away, where your questions can be answered by one of our licensed family law attorneys.
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Other Articles you may be interested in:
- What is a Bill of Review and what impact can it have on a Texas family law case?
- Can family violence render a Mediated Settlement Agreement void?
- The Judge Ruled Against Me in My Family Law Case Now What?
- What does a Default Judgment Mean in a Texas Divorce?
- WHERE DO I GO TO GET DIVORCE PAPERS SERVED IN TEXAS?
- I have been served with Divorce Papers – What do I do now in Texas?
- Roadmap of Basic Divorce Procedure in Texas
- What Happens if my Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited
- What if My Ex Will Not Sign the Final Decree in My Texas Divorce?
- Waivers – To sign or not to sign? The answer is don’t do it!
- Special Needs Children in Texas Child Support Cases
- How to get above guideline child support.
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
