Legal Question in Family Law in Texas
I work at a law firm here in Delaware and am writing for a friend. Her husband left her, moved to Texas to live with another woman, and has filed for divorce. He mailed her a copy of his petition and asked her to sign the waiver of service form. She called the court out there but they weren't helpful. She cannot afford an attorney, he left her with all the bills, she lost her health insurance through his employer here. She would like to file an answer to the divorce petition and ask for spousal support. I'm trying to help her, note that at the top of the divorce petition it talks about a "Special Appearance" form for out-of-state respondents, but I can't find that form anywhere. Is there any Legal Aid or other service that could help her? Thank you.
2 Answers from Attorneys
She needs to call the county bar association in the county where the petition is filed. She needs a family law attorney that practices in that county. Since you work at a law firm I'd suggest you contact an attorney there, especially one that practices family law to help your friend.
If she has never been to Texas then she needs to immediately file a motion and try to get the case moved to Delaware or dismissed. If she does not do this as her first document she forfeits the right to move.
I would look on this website and on www.avvo.com and find a private attorney to help her.
When I worked at Houston Volunteer Lawyers many years ago they tried to avoid taking out-of-state clients. Rarely did we take one -- only after another pro bono group ED called HVL's ED and requested this courtesy.
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