Fort Worth, TX asked in Divorce for Texas

Q: In Texas can you serve your spouse divorce papers before filing with the county clerk

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?

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1 Lawyer Answer
Victoria Collins
Victoria Collins
  • Fort Worth, TX
  • Licensed in Texas

A: 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 your husband filed the suit. Once you know the county, call the district court clerk and ask them to look it up for you.

Did you ever receive a notification of a hearing or court date? If you did but failed to appear, your husband could have received a default judgement and the court granted the divorce. In any scenario, you should have received notification in regard to the standing of the case.

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