Legal Question in Family Law in Texas

Re: How to rescind paperwork that is filed with the court?

You stated that your husband filed suit for divorce in Texas, but did not pursue it to a hearing. You should hire an attorney who will file an Answer and a CounterPetition for Divorce, and set the case for a hearing with proper notice to the opposing party. The CounterPetition will prevent your husband from dismissing his suit.

Re: How to rescind paperwork that is filed with the court?

Since you do not live in Texas, you may be better off getting the divorce Tennessee. That would depend on the states' respective property division laws and, if applicable, laws concerning children's issues. You need to talk to an attorney about the differences. It might behoove you to try to get the Texas action dismissed if your husband is not pursuing it. On the other hand, Texas might be better for you.

I believe that you received bad information about the waiver. The waiver may have just waived service of process for the divorce suit or it may have waived other rights, including the right to receive certain information or notice of hearing. An attorney should review the court's file for you to find out the actual status. Regardless of the waiver, there is nothing to stop you from filing an answer in the suit, effectively voiding the waiver. You can then set a hearing or conduct discovery, if necessary. If you want something in the divorce that was not in your husband's petition, or if you want to stop him from dismissing the suit, you need to file a counterpetition.

Good luck.