Legal Question in Family Law in Texas
In the state of texas can someone obtain a divorce without the consent or knowledge of the spouse if the spouse resides in another state at the time? Can the same obtain child custody if one parent is residing out of state at the time?
Asked on 5/17/10, 5:48 pm
1 Answer from Attorneys
Mark Dunn
Mark D. Dunn
No. In the United States, we have something called "due process of law."
However, sometimes a person will come into court and lie under oath and tell a judge that he doesn't know where his wife is, and service is done by publication. He then gets a divorce even though he didn't directly notify his wife.
Her remedy is to file a motion for new trial, or an equitable bill of review.
Answered on 5/23/10, 11:09 am
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