Legal Question in Family Law in Texas

Signature on Divorce Paper - Does a person have to be served or sign divorce pap

My brother received a phone call from his wife yesterday stating that their divorce is final and that she got everything: all 3 properties, full custody of son, child support and so on. My brother never received any divorce papers, never went to court and has never signed anything. Is this possible? Can a person be divorced and have everything taken from them and never be aware that this has happened?


Asked on 4/21/03, 12:00 pm

2 Answers from Attorneys

Basil Hoyl Law office of Basil Hoyl

Re: Signature on Divorce Paper - Does a person have to be served or sign divorce

Your brother should contact the District Clerk for each of the Texas Counties where he or his wife lived since they were married and inquire as to the existence of any divorce or suit affecting the parent child relationship (family law) in her name or in his name.

There is such a thing as citation by publication, but she obviously knew where he was because she called him.

http://www.reasonable-doubt.com

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Answered on 4/21/03, 1:08 pm
Fran Brochstein Attorney & Mediator

Re: Signature on Divorce Paper - Does a person have to be served or sign divorce

The Harris County Family Court Services intake phone number is 713-755-5758. If he thinks the divorce was filed in Harris County, then call and they should be able to give him some basic information from their computer screen. The actual file is not in their possession.

If the divorce has been finalized, he has 30 days to file for a Motion for New Trial. After that date the court loses jurisdiction over the case and the court's ruling becomes final.

If you live in the Harris County area, please give me a call at 713-847-6000.

I would charge a depsoit of $990 to ask for a Motion for New Trial. Then weekly payments therefafter based on his gross monthly income.

Good luck!

Fran Brochstein

713-847-6000

www.FamilyLaw4U.com

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Answered on 4/21/03, 6:15 pm


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