Carrollton, TX asked in Divorce and White Collar Crime for Texas

Q: I asked my husband how he has me in debt and no hes divorcing me. What do i do?

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1 Lawyer Answer
Chad Zubi
Chad Zubi
Answered
  • Criminal Law Lawyer
  • Humble, TX
  • Licensed in Texas

A: If he hasn't actually filed yet then you can file a petition for divorce first. If you don't file first then your husband must have you personally served with the paperwork initiating the divorce lawsuit. He may ask you to sign a waiver of service, and it is wise not to do that. Once you are served, you will have to file an answer before the first Monday following the expiration of 20 days from the date of service. If you do not file an answer you risk having a default judgment taken against you. There is also a minimum 60 day waiting period before a divorce will be granted, so both you and your husband will have to wait for that deadline to expire, even if everything in the lawsuit is already settled.

There is going to be a division of the property and debts in your divorce, whether you settle on it or the court decides it. Also, if you have children then you will have to either settle, with your husband, on a parenting plan or the court will put one in place.

I suggest that you talk to an attorney about representing you in the divorce, all too often people who represent themselves give up valuable rights that they didn't even know they had.

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