Legal Question in Family Law in Texas
Divorce without the spouses signature.
In May of 2001 my husband & I separated. He has disappeared with my car & without a payment for the last 3 months. We also have a 2 year old child that he hasn't given any child support to. I'm in the process of trying to locate him. My question is how long do I have to wait before I can get a legal divorce without his signature?
3 Answers from Attorneys
Re: Divorce without the spouses signature.
I'd hire an attorney Monday and file for divorce.
I assume that someone told you that you must be in Texas for 6 months and in the same county for 90 days for a court to have jurisdiction over the divorce.
If that completes confuses you, talk to an attorney about what that means.
If you live in the Houston area, please call me at 713-847-6000 for a free telephone consultation.
Best of luck,
Fran Brochstein
Re: Divorce without the spouses signature.
The question is not whether you can get his signature but can you serve him. You need to serve him with the lawsuit (ie. divorce petition) Sixty days after you file and approximately 20 days after you serve him you can get divorced. There are ways to serve him even if you cant find him.
IF you like to talk further, give me a call
John Pfister, Jr.
972-712-9208
Re: Divorce without the spouses signature.
The question is not length of time to wait but are you legally a resident in Texas, the county in which you are now residing, and then can you find the deadbeat to serve him with the Petition and Request for Temporary Orders. Be advised that he has as much legal right to your child, which is also his child, as you do until you get under court supervision ... Feel free to contact me at 210.224.5811 to discuss further ...
Best Regards