How do I go about filing for a default divorce?
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How do I go about filing for a default divorce?
I filed for divorce in February of this year uncontested. My husband and I have only been married 1 1/2 years. We have nothing to split and no children. He didnt want to be served so he filed a waiver of citation with the court. He has now changed his mind and doesnt want to sign the final divorce papers with the judge. I have been issued a trial date and pre-trial date by the court. The scheduling order I received states that I need to provide the respondent with a copy of the order. My spouse refuses to give me his address. The court told me I need to file a default divorce if he is not going to show up to sign. Also, what should I do about getting him a copy of the scheduling order?
Asked on September 1, 2012 under Family Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Given the complexity of the dissolution that you are now faced with due to your husband's change of heart as to the dissolution process that you have written about, I suggest that you consult with a family law attorney to get the proper paper work in order, served and filed so you do not get in trouble with the court.
Included would be your request to serve and file the request for entry of the default against your soon to be former spouse. My experience is that it is best to pay an attorney for his or her time as well as the assistant's to get the paper work needed to be approved as opposed to you doing it yourself given the log jam that you have written about in the court proceeding that you are now involved in.
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