Legal Question in Family Law in Texas
Seperated for 12 years
I have been sepearted from my husband for over 12 years. Is my marraige considered void in the State of Texas, or do I still have to file for a legal divorce to be remarried?
At the time of speration, a legal 'Order of Protection' was filed on my behalf, and he was very abusive, and the only way out of the marraige was to flee the state. Any point after that time, when I would attempt to file for a divorce, he would track me down, so I simply quit trying.
Your assistance and advice would be greatly appreciated.
3 Answers from Attorneys
Re: Seperated for 12 years
Believed the other replies summed it up. You need to obtain a final divorce judgment. Time alone nor a protective order results in a divorce. Good luck
Re: Seperated for 12 years
In order to terminate a marriage, you must have a divorce. YOu can file your divorce in your present state, but you must serve him a copy. Tell your attorney not to put your address on the Petition for divorce and maybe this will protect you. You can also request a Temporary Restraining Order to prevent him from contacting you and this can be made into a permanent injunction at the time the divorce is granted.
Re: Seperated for 12 years
Yes, you still must obtain a final judgment of dissolution to be divorced. Advise you to pursue it in your state of residence, by publication of notice of petition for dissolution, if possible. Good luck.