Legal Question in Family Law in Texas

Exparty divorce decree without spouse knowledge

Married in Nov 2007 in India per Hindu marriage act. We came to US and my wife deserted me in Feb 2008. Marriage was Non-consummated when she left to Texas. She filed divorce in June 2008 and got a judgement decree in Nov 2008 as Exparty - no proper papers were served atleast to my knoweldege as I didn't receive anything. Now she is after me claiming money for 40000 US dollars. Not sure if this one-sided divorce is valid and endorsed in India as there was no fair trail in US courts. I came to know about this judgement in June 2008 through my attorney in MA and he is not able to help as there is already a judgement and my case will be dismissed in MA. Even he was not aware until he went to court to check some papers. Both myself and my attorney were not served any papers about this happening. Some texas attroneys say i can file Bill of review. What are the best options left for me to get a fair ruling in US to overturn this judgement or modify the decree and get this endorsed in India. Thanks in advance your replies.


Asked on 6/04/09, 9:55 am

2 Answers from Attorneys

Edgardo Baez The Baez Law Firm, P.C.

Re: Exparty divorce decree without spouse knowledge

A bill of review is your only choice here in Texas.

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Answered on 6/04/09, 11:10 am

Re: Exparty divorce decree without spouse knowledge

Contact a Texas attorney and get the matter set aside or reviewed.

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Answered on 6/04/09, 12:56 pm


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