Legal Question in Family Law in Texas
waiver
Our Divorce was denied because waiver was not signed. We have had him served and have proof but the courts want a waiver signed. He has denied it and is in jail for the next 55 years. What do I do when he would not sign the waiver.
Thanks
2 Answers from Attorneys
Re: waiver
If you had him properly served, then a signed waiver is not required.
If you live in the Houston area, please give me a call at 713-847-6000. Something does not sound right.
Fran Brochstein
www.familylaw4u.com
Re: waiver
The purpose of a waiver is to avoid the requirement of service of process. If you had your husband properly served, then he is required to answer or appear, or the judge can enter an order without his input. I am interested in whether your case is still pending or how long it has been since the divorce was denied. If the denial occurred less than 30 days ago, you are in a better position than if you have let more time go by. Please contact a lawyer as soon as possible. Lack of a waiver should not prevent you from getting divorced. If you would like to hire me, feel free to contact me.
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