Can my divorce be denied if my husband doesn’t get served?

My husband knows about the divorce and has already signed the final decree for divorce, however, the constable in charge of serving him hasn’t been able to serve him yet. Can my divorce get denied because of that?

Asked on August 22, 2018 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your husband has to be served or the court has to allow you to serve him by substituted service if he is avoiding service.  But if he is incarcerated then you have a firm idea where he is.  Call and get his inmate number (give them his SS number) and then have the sheriff serve him.  Good luck.

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