How do I quickly and inexpensively get a divorce if my spouse is out of state and not cooperating?

UPDATED: Oct 1, 2022

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How do I quickly and inexpensively get a divorce if my spouse is out of state and not cooperating?

We have been separated for about 8 years and are living in different states. I have tried sending my spouse the do-it-yourself paperwork to get a divorce but he refuses to sign anything. I was not asking for any support or financial payout doing it that way but if I have to hire a lawyer that I cannot afford, I will want some sort of compensation in the form of support and/or payout from his 401K/retirement. I would also like for him to either pay for the divorce or at the very least assist in paying for the divorce, as he makes over 100K more a year than I do We do not have any children or property, and we do not share any financial responsibilities.

Asked on January 30, 2018 under Family Law, Texas


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

Answered 4 years ago | Contributor

You can go ahead with the divorcefile. If your husband does not respond within the time allowed, then the court can issue a "default divorce". Typically, the terms are based on what you ask for your petition. At this point, you can check online for further information or consult directly with a local divorce attney who can the advise you further nder state law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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