Legal Question in Family Law in Texas

I assume from your question that you do not have an attorney.

I don't know where you heard or read this but it's not true. It might work in other states but not in the State of Texas. The TX Family Code is available on-line and you can read the family code for yourself.

I also assume that you think this is a simple question. It's not. You do not give enough facts to answer. However, I will give you SOME of your options.

You do not state if she was served the papers by a constable or process server. If you merely mailed them to your spouse, it should not count as service.

If she was properly served, then after her response period AND the 60 days has lapsed, then you can go before the Judge and ask for a default divorce.

Or, the other party, can sign a WAIVER OF SERVICE, and does not need to be served or even sign the final decree of divorce. This assumes that the WAIVER OF SERVICE contains the appropriate wording. (There are variations of WAIVERS OF SERVICE and if the waiver does not have the proper wording, it won't work.)

In Texas, you MUST appear before the court and under oath answer a series of questions or read a statement to the judge. The judge must grant the divorce and then sign the final decree of divorce.

If you want a consultation, I charge $1 a minute to meet with you. If you need me to prepare a waiver or the final decree and/or need the statement to read to the judge, email me for more information and prices.

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