my wife filed for divorce in texas-uncontested.i dont want to sign now.what can she do?
Question Details: my wife is filing for divorce in texas as she works and earns while i was studying.we decided on uncontested divorce.but she needs to agree to some conditions before i sign the papers she is sending.she does not have my home address and is sending the docs to a different address.i will not sign the docs and will tell her i never got it.what can she do?whats the timeline by which she can get a divorce without my sign?we got married in a different country.please advice.thanks
In Texas, a Petitioner for divorce can serve the citation and service to Respondent (you) via a number of ways:
1. Waiver of Service (which requires your signature)
2. Sheriff's or Constable's service
3. Private Processor.
The first three types of service requires an address for Respondent. If there is no address to be served, or if the Respondent is not available for service, or whose address is unknown, the Petitioner can serve the citation through a "Citation by Publication". This is where a citation is made in the local paper. Either way, Petitioner can move forward with the divorce petition even though the Respondent is not available or does not respond.
Keep in mind that after service is accomplished by any one of the above, Petitioner can move for a default judgment on his/her terms. It is always best to get legal representation in any lawsuit even with simple uncontested divorces.