Legal Question in Family Law in Texas
MY wife and I have been separated for eight months. We have not lived together in this time and have no contact with one another. What is the statute of limitations before I am able to file for divorce without the other party being present or having to sign any documents?
1 Answer from Attorneys
In Texas, in any lawsuit (a divorce is a lawsuit) the other party MUST be given notice that there is a lawsuit pending against them.
I'll file immediately -- some of the reasons:
1. if she moves and you can't find her, it costs more to get divorced
2. she might get pregnant and you are the "presumed father" of the kid and that costs more $$$ to prove that you are not the daddy
3. she might be incurring debts and technically in Texas (since we don't have legal separation) you might be responsible for her debts
4. if she is injured you are responsible for supporting her and/or her medical bills since you are married.
5. if she becomes disabled, you could be ordered by the court to support her the rest of her life.
In summary, have I scared you enough to file for divorce?
If done properly, she does NOT have to sign to get the divorce finalized.
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