Legal Question in Family Law in Texas

When filing for divorce and the respondent or the defendent won't respond or are in hiding, due to the fact that they are evading arrest, what action should the petitioner take to get the ball rolling to finallizing the divorce?


Asked on 4/07/11, 1:13 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

Hire a private process server. The process server will attempt to serve him and will eventually give you an affidavit that says he has tried and can't. Then you will will file a motion for alternative service (if there is someone, like his mom, who would get the papers to him) or service by publication.

Once he is served, set the matter for trial. On trial date, if he doesn't show up, default him. Be sure and have a decree of divorce that the judge can sign on that day for you. You should hire an attorney if you can, because these default divorces can be tricky if he ever emerges and decides to fight it. At least see if an attorney will draft and review the paperwork for you. Our firm does that kind of work and it's not very expensive.

Good luck!

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Answered on 4/16/11, 6:38 am


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