Most Texans think a divorce decree is permanent once the judge signs it — but under certain rare circumstances, a former spouse can reopen a closed divorce and challenge the final judgment. This happens through a procedure called a Bill of Review, an old but powerful equitable remedy that still applies in modern Texas family courts.

A Bill of Review is not an appeal. It is a new lawsuit attacking a final judgment when the normal deadlines have long passed. It is extremely difficult to win — but in the right scenario, it can completely unravel a prior divorce decree.

Here’s what makes this topic compelling and unusual.

What Is a Bill of Review in Texas Family Law?

A Bill of Review is a lawsuit filed by a former spouse asking the court to set aside a final divorce decree because:

1. There was a meritorious claim or defense,
2. The spouse was prevented from presenting it due to fraud, accident, wrongful act, or official mistake, and
3. The spouse was not negligent in allowing the judgment to occur.

This is Texas’s safety valve for fundamental unfairnessin divorce cases.

Common (But Overlooked) Scenarios Where It Applies

The following situations can lead to a successful Bill of Review in family law — but the public rarely hears about them:

1. Hidden Community Assets Discovered After the Divorce

If one spouse concealed bank accounts, stock options, cryptocurrency wallets, or overseas funds, a Bill of Review can reopen the case even years later.

While the Texas Family Code has post-divorce remedies for undisclosed assets, a Bill of Review is useful when the concealment rendered the original decree fundamentally unfair.

2. A Spouse Was Never Properly Served With the Divorce

Default divorces are vulnerable. If service was defective and the spouse never had actual notice, the decree is subject to being overturned — even if the spouse found out later and didn’t file an appeal on time.

3. Fraudulent Consent to the Divorce

Texas recognizes extrinsic fraud (fraud that keeps someone from participating in the suit) as a basis for revisiting a decree. Examples:

• A spouse lies about court dates.
• A spouse tricks the other into signing waivers.
• A spouse claims they will “fix” the decree later but never do.

4. Attorney Misconduct or Official Mistake

If the clerk, court, or an attorney makes a critical error that prevents a party from presenting their case (e.g., misfiling an answer), a Bill of Review may be appropriate.

Why the Bill of Review Matters in Texas Family Law

• Most clients don’t know this remedy exists — they think they’re stuck forever.
• It is highly fact-driven, which allows attorneys to highlight investigative and litigation skill.
• It reassures potential clients that there is a path forward when they’ve been blindsided by an unjust decree.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.