my friend wants a divorce from her husband but he doesnt. what can she do?

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my friend wants a divorce from her husband but he doesnt. what can she do?

She’s a stay at home mom
No mode of transportation
Has a 2 yr old child

Asked on May 16, 2017 under Family Law, Texas

Answers:

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

Answered 3 years ago | Contributor

She can filing (you'll be the "petitioner") and serve her husband a copy of the "compaint" (basically her petition for divorce). As a general rule, the non-filing spouse (i.e. the "respondent") typically has 30-60 days to file theit "answer". If they fail to do so within the specified time, you can file a request to enter a "divorce by default" (although the respondent is given a certain time limit in which they can appeal the decision). She can file on her own but since a child is involved, she should at least consult with a divorce attorney.


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