Legal Question in Family Law in Texas
My wife has agreed to get a divorce with me. I filed on Monday Aug 10th for a non contested divorce. I have handed her the petition along with a copy of the waiver of service and the answer (because I do not know which one she wants to file) she stated she is not going to sign anything for a while. I am wanting to move forward with the because it's going to take 4-6 months for the final decree to be reviewed before I can get a hearing date. How can I get the process moving? Do I need to officially serve her? If so can she respond with an answer and we can still move forward with not having to contest the divorce? If she never signs anything does the case then become default and anything I put on decree will be final without her signature?
2 Answers from Attorneys
If she will not sign the waiver of service or file an answer then you must serve her through a process server. If she files an answer then in order to obtain the divorce you will need her to agree to the terms in the decree by signing it or agreeing to it in open court or set it for trial and have a trial on the merits.
If she does not sign a waiver and you do not serve her then you cannot obtain a default judgment because the court cannot default against a party that has not received fair notice of the suit--which means service of process--or waived right to fair notice.
If you want to get the divorce as soon as possible, it is best that you serve her through a process server. The other options, involve waiting on her to file an answer, or a waiver of prosecution. If she files an answer or signs a waiver, it will be cheaper but from what you say is likely to take more time.
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