Legal Question in Family Law in Texas

Re: self filed divorce

You can still get your divorce in Galveston County. Your testimony at the proveup hering will be that at the time you filed the divorce you had been a resident of Galveston County for 90 days. A true statement. So don't waste time transferring the case or refiling in Harris County. You need to serve husband in jail with your petition. Take a copy to the Galveston County District Clerk and have a citation issued (around $8). Find out what county husband is incarcerated in and contact the sheriff of that county. Ask for Civil Process. Find out how much it costs to serve the citation and the mailing address to send the citation to. Get a money order or cashiers check for the sheriff's fees and mail it and the citation to the sheriff along with a self-addressed stamped envelope so that the sheriff can send you back the "Return of Service." Make sure to include a letter giving clear instructions on who to serve and where to serve husband (include his inmate number if you know it.) The sheriff will serve him and send you back the Return in your envelope. You need to file the return of service with the clerk. The return must be on file for ten days. Your husband gets about twenty days to answer after being served. After all three deadlines pass: Return on file for ten days, sixty days elapsing from the date you filed and twenty or so days (27 to be sure) since husband was served, you are ready to finalize or proveup the divorce. If your husband hires an attorney or files an answer (the clerk can tell you), you must get a trial setting. I hope this helps. I'm sorry, but I do not practice in either of those counties.

Re: self filed divorce

You can still go through the divorce, get your husband served and then he does not have to sign the waiver. Call me if you have any problem.