How can I divorce if the other partner does not want to sign?

I have 2 girls who are on child support. Will I be able to take my 3 kids and go and leave far from here without getting into trouble? Also, he left today at about 8:00 in the morning. How long before The can report it as he abandoned the home?

Asked on August 12, 2018 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, if you have child support in place, then the issue of custody must have been addressed. Whether or not you can leave the jurisidication will depend on just what the support order dictates. If it is silent as to the issue of a move, then you can consult directly with a local divorce attorney who can best advise you after reviewing the order. As for obtaining a divorce if your spouse will not sign, you can still end the marriage. Youcan obtain what is called a "divorce by default". As long as a valid summons and complaint has been filed with the court and your spouse is properly served, you will be entitled to a divorce if they fail to file an answer to the action within a specified time (generally 30-60 days, depending on the jurisdiction). After that, your spouse will be deemed to have "defaulted". Accordingly, you can then file the final paperwork with the court and the judge will make a ruling based solely on your written/oral testimony. Typically, the divorce is then granted on the terms that are requested.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, if you have child support in place, then the issue of custody must have been addressed. Whether or not you can leave the jurisidication will depend on just what the support order dictates. If it is silent as to the issue of a move, then you can consult directly with a local divorce attorney who can best advise you after reviewing the order. As for obtaining a divorce if your spouse will not sign, you can still end the marriage. Youcan obtain what is called a "divorce by default". As long as a valid summons and complaint has been filed with the court and your spouse is properly served, you will be entitled to a divorce if they fail to file an answer to the action within a specified time (generally 30-60 days, depending on the jurisdiction). After that, your spouse will be deemed to have "defaulted". Accordingly, you can then file the final paperwork with the court and the judge will make a ruling based solely on your written/oral testimony. Typically, the divorce is then granted on the terms that are requested.


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