The answer really depends on what the court date is for, but typically, as long as a respondent has been properly served (personal service on an original petition of most any kind) and they fail to appear at the hearing or trial, the petitioner wins by default.
I have filed all the necessary paperwork, waited the 60 days, and have tried to serve my wife myself however she is very obtuse to the situation and she’s just hoping it will go away. I am worried if I serve via a constable she will not answer the door. Can I serve her via certified mail?
An original petition must be served in person if she won’t sign a waiver of service. By the way, you did not have to wait 60 days from filing to serve, you have to wait 60 days after filing before finalizing the divorce. Once she is served, you have to give her at least 20 days to file an answer....Read more »
My ex-husband of just 3 days shy of 11 yrs filed for divorce in 2017 and put our jointly owned property on the divorce decree along with deeming himself custodial parent of our then 11 yr old daughter after I signed it. What rights do I have today as far as being compensated for the property and... Read more »
A Final Decree of Divorce is an order of the court, which means the judge had to have signed the Decree. If the Decree was never signed by a judge then it is not a final order. Since 2 - 3 years have passed since you signed the decree, its content cannot be changed IF a judge signed it, however;...Read more »
I filed for divorce and my wife responded. do I have to wait 61 days to set a trial for divorce or proceed with it. I'm confused or is the 61 days only if she wouldn't have responded? Or can I move forward with it before the 61 days?
You must wait 60 days from the date the petition is filed before the decree can be finalized. If you are required to set a hearing date you may go ahead with that, just make sure that date meets the 60 day statutory waiting period.
My wife has mental health issues, multiple attempted suicides, and been court ordered to stay at mental health facilities. She is diagnosed with manic bipolar. She is now making claims to me that she is going to say I have raped people and that I abused her physically and mentally. I have video of... Read more »
Nobody can guarantee an outcome one way or another if the court is forced to make a decision regarding your children. However, If you can back up your claim with hard evidence the likelihood of a court awarding sole custody to a person with mental health issues is unlikely. In these situations it...Read more »
No alimony or minor children. Very amicable - agreed on all details. Both of us have IRA's, 401k's but do not currently draw retirement benefits. Is uncontested an option (as is our STRONG preference)? Does this change if my wife buys a house after filing but before finalized (not sure why she... Read more »
Yes, as long as minor children are not at issue, uncontested divorce is the way to go. As to your wife's purchase, she should wait until the finalization of the divorce, which can occur as early as 60 days after the initial filing. If however, she purchases the house before finalization, the final...Read more »
There are too many other facts needed to answer your question. Is the house community property; e.g., was it purchased during the marriage with money owned equally by the spouses? Was the $33000 community property? Are you the husband, the person who paid toward the mortgage, or both? I suggest...Read more »
probably, but there is not a simple answer to this question. Texas courts consider many factors in determining whether you are married by common law. You would be wise to consult a family law attorney.
My husband served me papers 2 years ago I signed and returned them and we are still married? I thought you had to file with the county clerk before serving your spouse the papers to sign? Can someone please tell me how I can find out what to do to get the divorce finished?
First answer, no. A lawsuit (in your case divorce) must be filed, and the county must issue a citation for service to defendants of the lawsuit OR you can sign a waiver of service. But either way you must be notified.
Second, to find out info about the divorce you need to know what county...Read more »
She yelled, cursed and approached my with confrontation when picking up my child this past Friday. She even called the police on me lying. She also mentioned to me she was trying to build a “case” against me. I don’t know what that means but I no longer want her involved with the pick up and... Read more »
Whether or not the child's step-mother (or any responsible adult) is allowed to pick-up or drop off should be addressed in your final decree. If it is not, or there is simply not language there does not appear here that there is enough of a substantial change in circumstances that would allow a...Read more »
My attorney said we had this divorce won he said I would have the house and car. He said we would be divorced in December but he didn’t get something to the judge in time. My ex was able to file an answer long after the time he was supposed to. Now he has hired an attorney. He if fighting me for... Read more »
Re-read over the contract and fee agreement between yourself and your attorney. Fees, expectations, and so forth should be addressed in there. That said, your attorney has an obligation to keep you informed as to the progression of your case. However, if you feel that your attorney is not acting in...Read more »
Back on March 12, 2018 I had a court hear for temporary orders with my sister. The orders were for 3 months and granted me visitation. My sister has an attorney who drew up the orders and e-mailed them to me. I didn't get them until July 2018 which exceeded the 3 month order. I received them and... Read more »
The answer to your question, "What can I do ..." depends a lot on what county you are in, and what court you are in. Different judges react to situations in different ways, so the only way to know the "best" course of action is to hire a family law attorney in your area with experience and...Read more »
It is never in the child’s best interest to lose a parent, unless that parent is abusive. So, if you fall into that category then yes it is possible to terminate your parental rights. But as the other attorney said, this is a huge decision that will effect you, the child, the child’s...Read more »
If I'm 15 years old and I have a girlfriend that is also 15 years old and we had a baby and each both of us live with our parents and my girlfriend stays with the baby, and she is now 4 months and my girlfriend wants me to give her money for baby to take car eof her and we put child support and... Read more »
Whether you are a couple or not has nothing to do with supporting your child. If you are old enough to have a child, then you are old enough to take care of it. “Child support” is a legal term that describes a financial responsibility ordered by a court of Law to help with the expenses...Read more »
The answer depends on what the settlement was for. Was it for division of property? Did you have out of pocket expenses your ex had to repay? I agree with first attorneys answer. Consult a tax attorney or CPA. Too many unknown details to answer.
You can file uncontested divorce with a publication of service, but only after you have exhausted good-faith attempts to locate him. You didn’t say if there are children of the marriage, but if there are this is an issue that would need to be addressed in your petition as well.
Your wife can obtain a divorce, but you must be served with the petition and given approximately 20 days to answer, presenting your concerns . You will need representation in the county your wife files in.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.