Legal Question in Family Law in Texas

Is it legal for a husband to file for a divorce in Texas when his wife lives in Maine and has never been served papers and does not know what the papers say. Her husband has told her that the diveorce will be final in Texas on March 1st whetere she is there? Is that accurate information. The wife has medical documentation from her Doctor that she is not mentally stable to go through a divorce at this time due to emotional stress. Can this divorce happen without her there and without signing documentation? Thnak you for taking the time to answer my question.


Asked on 2/21/12, 11:31 pm

1 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Yes, it can very definitely happen in Texas without the wife ever having live here, as long as the husband's been here at least six months. He would have to make at least some kind of attempt at service, but if her address is unknown, that may end up not amounting to much. But, you obviously know about it, so I'm not sure what of all that applies. Having some doctor say whatever like that in a note is not going to get you anywhere at all. Lots of people would rather not have to go through a divorce. Texas law basically says that you don't have a choice--if he wants a divorce, he's going to get a divorce. If you don't like the proposed terms, realistically, you're going to have to hire an attorney and contest it.

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Answered on 2/22/12, 5:06 am


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