Michael Anthony Carter v. Stephanie Laureen Berman
03-19-00860-CV
| Tex. App. | Jul 15, 2021Background:
- County Court at Law entered final decree dissolving Michael Carter and Stephanie Berman’s common-law marriage (no children), divided marital estate, and denied spousal maintenance.
- Decree included a "Decree Acknowledgment" stating both parties read, understood, and voluntarily signed the decree; parties affirmed no coercion.
- Both attorneys signed the decree "approved as to form only." Carter expressly consented to the decree "as to both form and substance" and signed at the court’s direction.
- At the hearing the court confirmed the decree incorporated its rulings and signed the decree; Carter did not raise consent as an issue below.
- Carter appealed pro se, raising two issues: (1) denial of spousal maintenance given disabilities/indigence, and (2) allegedly unfair division of home equity.
Issues:
| Issue | Carter's Argument | Berman's Argument | Held |
|---|---|---|---|
| Denial of spousal maintenance | Court erred by denying maintenance despite Carter’s documented disabilities and indigent status | Carter consented to the decree and thereby waived non‑jurisdictional challenges | Appeal barred by Carter’s consent; no allegation of fraud/collusion/misrepresentation; issue overruled |
| Division of home equity | Division was not fair/right | Carter consented to the decree; waived review of non‑jurisdictional errors | Same — consent waived review; decree affirmed |
Key Cases Cited
- Hicks v. Hicks, 348 S.W.3d 281 (Tex. App.—Houston [14th Dist.] 2011) (consent to judgment waives nonjurisdictional errors)
- Boufaissal v. Boufaissal, 251 S.W.3d 160 (Tex. App.—Dallas 2008) (same)
- Mansfield State Bank v. Cohn, 573 S.W.2d 181 (Tex. 1978) (pro se appellants held to same standards as represented parties)