Texas Law on Vacating a Divorce Order

A motion to vacate an order allows a court to throw out a recently made decision as if it never occurred. In Texas, the rules for motions to vacate a divorce order are governed under the Texas Rules of Civil Procedure, Rule 329.

Statute of Limitations

• Under Rule 329, a party has 30 days to file a motion to vacate from the date on which the decision, in this case a divorce, was signed. The trial court has to approve and sign the motion to vacate within the same 30-day time frame.

Tolling

• Under Rule 306, if a party does not receive notice of final judgement within 20 days, then the time to file does not start until the party does receive notice or 90 days from the date of judgment, whichever comes first.

Bill of Review

• Under Texas case law, a party has four years after the date of judgement to file a bill of review in an attempt to have an order vacated to allow for a new trial.