Legal Question in Family Law in Texas

What is the status of my marriage if I filed my divorce papers but have not received confirmation.


Asked on 10/11/11, 7:29 am

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

I'm not sure what you mean by "confirmation", but I think I can fairly safely say that if youre not sure, you're probably still married. To actually be divorced (assuming this is a non-contested divorce), you'd have to file the petition, have the other spouse served or get them to file a waiver of service, wait 60 days after the filing date and comply with any other requirements the court might have (such as taking a class on parenting kids through a divorce), present the court with a proposed decree, attend a brief hearing, and actually have the judge sign the proposed order. You are not legally considered to be divorced until the order has actually been signed, and for purposes of remarriage, just in case that's why you're asking, really not even then (you have to wait until at least the 31st day after the divorce decree was signed to remarry).

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Answered on 10/11/11, 7:39 am


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