I have a signed mediated settlement agreement, and I distinctly recall the judge say "Congratulations you are now divorced", but I still don...

Question

I have a signed mediated settlement agreement, and I distinctly recall the judge say "Congratulations you are now divorced", but I still don't have a finalized decree. Is there any way to remarry in any state without it?

Answer

You do not need a divorce decree to get married in another state. However, if your marriage in the other state is ever challenged, for example if you and your new spouse split up, then it will be critically important to be able to establish that your current marriage was dissolved. A court order is the very best possible proof of that. You could try to rely on an official transcript of the proceedings wherein the judge said, "Congratulations, you are now divorced," but I would NOT take that risk.

Do this:

First, go to the district clerk's office and make extra-sure that there is no final order granting your divorce. There might be an order that you are not aware of. It would be improper for someone to give the judge an order without any notice to you, but I don't know why else you would have been in front of the judge after mediation except to finalize your divorce.

Second, if there is no final decree of divorce, get one drafted that follows the terms of the MSA. If you don't have an attorney, find one that will draft the decree for you as per the MSA. I don't know what attorneys in your area would charge for that. As a benchmark, I would charge $1,000 to draft a decree for you to walk through to the judge. Maybe someone in your area would charge less. The good thing is that because it's only a drafting assignment, you can get any attorney in Texas to do it for you irrespective of where you live.

Third, once you have a final decree drafted:

(a) Send a copy to the other attorney asking for questions or suggestions for changes.

(b) Resolve as many conflicts over the draft of the order as you can. You may be able to resolve them all.

(c) If you CAN resolve all drafting conflicts and your spouse signs the final order you had drafted, you can take it to the courthouse yourself and the judge will sign it for you.

(d) If you CANNOT resolve all drafting conflicts, then you should file a Motion to Sign Final Decree of Divorce, serve the other attorney with your motion, have your motion set for a hearing, let the judge resolve the remaining drafting conflicts, and then the judge will sign the final order.

If you ever get divorced in the future and want to claim part of the marital assets, get spousal support, or if you ever want to apply for your spouse's Social Security, etc. you will want to be able to prove that your new marriage is valid and therefore you will want a final decree of divorce on file dissolving your current marriage.

Good luck!!