Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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FAQ/Question

Can I get a new trial after a property division clarification hearing?

This question has been addressed in 1 Texas court opinion:

Nadar v. Nadar

COA05 — February 9, 2026

In Nadar v. Nadar, a divorce decree contained a "legal impossibility": the wife was ordered to vacate the marital home five days before the judge actually signed the final decree. Six years later, the wife remained in the home, leading the husband to seek a clarification order to set a new move-out date. The wife argued the court lacked jurisdiction to change the "unambiguous" original order. The Court of Appeals disagreed and affirmed the trial court’s clarification. The court held that under Texas Family Code § 9.008, a court may clarify a decree that is not "specific enough to be enforced by contempt." Because a deadline that passes before an order is signed is unenforceable by contempt, the trial court had the authority to set a new, prospective deadline to effectuate the original property division.

Litigation Takeaway

“When drafting divorce decrees, always use relative deadlines (e.g., "30 days after the decree is signed") rather than fixed calendar dates to account for administrative delays. If a decree becomes unenforceable due to "impossible" dates, a petition for clarification—not a motion for substantive modification—is the correct legal vehicle to reset performance windows.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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