Generally, if a spouse dies while a Texas divorce case is pending but before the divorce is finalized, the case is dismissed and the marriage is considered to have ended upon death of the spouse. This can have a significant impact on the rights of the surviving spouse regarding children and property. If, however, the court rendered a full and final adjudication before the spouse’s death, then the divorce will be considered final. Thus, when a spouse dies during a divorce case, whether judgment has been rendered can be an issue with significant consequences. In a recent case, a wife challenged a divorce decree rendered after the death of the husband and intervention of his adult daughter.
The husband petitioned for divorce in October 2021. The husband and wife signed a rule 11 agreement, which the appeals court described as “handwritten entries on a printed form.” An exhibit purporting to distributes the assets and liabilities was attached. The husband, the wife, their respective attorneys, and the judge signed the document. The husband’s attorney and the wife’s attorney both withdrew.
The husband passed away in October 2023. The following month, the wife’s new attorney filed a motion to dismiss for want of prosecution, alleging the parties had reconciled after the rule 11 agreement. The trial court dismissed the case.
Stepdaughter’s Intervention
The husband’s daughter petitioned to intervene and moved for a new trial, or alternatively to reinstate. She argued the trial court erred by dismissing the case when a final judgment of divorce had been pronounced and that the trial court was required to reinstate the case. She attached the rule 11 agreement and the docket sheet as exhibits, but did not attach a written divorce decree.
The wife moved to strike the stepdaughter’s petition in intervention. She argued the stepdaughter did not have standing or a right to intervene post-judgment. She also argued that the oral pronouncement was not a final judgment. In her response to the motion for a new trial, the wife argued there was not good cause for a new trial and the agreement did not constitute a final judgment.
Following a hearing, the trial court reinstated the case and ultimately signed a divorce decree. The decree signed by the court was titled “Agreed Final Decree of Divorce,” but was not signed by the husband or the wife.
The wife then moved for a new trial, arguing there had been no evidence showing the failure of the party or his attorney to prosecute was not intentional or resulting from conscious indifference. She further argued the stepdaughter did not have a justiciable interest in the divorce. She also argued the rule 11 agreement did not have finality language disposing of all of the parties and all of the claims and therefore did not make the divorce final.
The Wife’s Appeal
The wife ultimately appealed the decree, arguing the divorce was not final when orally pronounced and rendered.
The Texas Supreme Court considered when judgment is rendered in a divorce case in Baker v. Bizzle. The supreme court identified three stages in finalizing a judgment: rendition, signing, and entry. A judgment may be, but does not have to be, rendered and signed at the same time. Entry is a clerical act performed by the court clerk. A judgment is not rendered unless a present act decides the issues. A present rendition of judgment has not occurred if the judge only expresses an intent to render judgment in the future or guidelines to draft the judgment. The supreme court determined that a written and oral ruling that is only shared with the parties or their attorneys does not constitute rendition of judgment. Baker v. Bizzle.
In this case, the Judicial Docket Sheet showed that the court had granted the divorce and divided the property according to the agreement. It also indicated the court had granted the wife’s name change. The docket stated the decision had been “[p]ronounced and rendered this date.” The husband, wife, and court also signed the document titled “Final OR[D]ERS/Decree” and “RULE 11 AGREEMENT (with entry to follow).” That document was filed with the court clerk. The appeals court concluded that the information in the docket sheet and the fact the document had been filed with the court indicated the court had intended to make its ruling public that day.
In a recent case, a Texas appeals court determined that a file-stamped “Judge’s Order” showed the trial court had a present intent to render judgment when it was signed, although there was not a signed decree. Sargent v. Sargent.
The appeals court concluded the divorce became final on July 27, 2022, when the trial court rendered the disposition of property and divorce decree in court and in a document filed with the clerk. The court did not have jurisdiction to enter a decree after the husband’s death, so the document signed by the parties and the judge and filed with the clerk controlled. Furthermore the court’s orders dismissing and reinstating the case were also void.
Concluding the court entered its judgment upon execution of the July 27, 2022 order, the appeals court set aside the subsequent divorce decree.
Contact an Experienced Divorce Lawyer
If your marriage is ending and you are concerned about the potential consequences of death of one of the parties, you should consult with an experienced Texas divorce attorney to discuss how to protect your interests. This can be a particularly important consideration in high net worth divorces, especially when a spouse has children from a prior relationship. Call McClure Law Group at 214.692.8200 to schedule a meeting.