What do I do if my husband filed for divorce but now won’t go througgh the final steps to appear in court and get it finalized?
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What do I do if my husband filed for divorce but now won’t go througgh the final steps to appear in court and get it finalized?
Since he is the one that filed, can the case be transfered to me to take on the responsibility of setting the court date, getting it finalized?
Asked on August 14, 2012 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Typically, in such a a case, you would have to re-file. Then if your husbnd still refused to co-operate, you can still get the marriage dissolved. Basically, it works this way, if he fails to respond to any documents sent to him, then after a certain period of time (typically 30-60 days in the majority of jurisdictions), he will be considered to have defaulted. The court can then issue what is known as a "default divorce".
As a general rule, it will be granted on the terms and conditions that she requests (although he'll be given a timeframe in which to appeal any property settlement or custody issues).
At this point, your best bet is to consult with an attorney in your area. You can then go over the specifics of your case and they can advise you accordingly.
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