Legal Question in Family Law in Texas
husband is overseas
My husband is overseas and I recently sent him the divorce paper,he got them, and I haven't receive them back.It has been 2 months,now.How do I get a divorce by default since he is oversea?We have no children and no property.
1 Answer from Attorneys
Re: husband is overseas
Hello --
Judgements by default are a technical effort. There are several procedural requirements that must be met. If PROPER service of process has been made and two months have elapsed, the return of service must be on file with the district/county clerk for a term of at least 10 days and then a hearing could be set, the divorce proven by testimony of yourself and then a judgment entered. You would have to set the hearing, produce the required testimony and draft the proper judgment. All of this you can accomplish on your own and attorney representation is not required. However, if you want to make sure the process is accomplished properly and that there are no "loose ends", you should obtain an attorney. If all that is necessary is to obtain the default, the cost should be pretty low. Our office, for example, would charge $300. If you would like for someone here to evaluate your case and see if a default can be taken, we would be happy to do that for you for no charge. Hope this helps.
Should you have further questions or wish to consult with me further, please feel free to contact me at no cost via e-mail at: [email protected] or via phone at 254.756.5004 Thanks and all the best.