what if my spouse wont sign

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what if my spouse wont sign

what can I do if my spouse won’t sign

Asked on April 19, 2018 under Family Law, Texas

Answers:

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

Answered 3 years ago | Contributor

Before any legal action can be taken against a person, they must be first given the opportunity to appear and explain their side. This is called "notice". By virtue of something known as "divorce by publication", a spouse is allowed to be served notice of a divorce action even if their address is unknown. The filing spouse (a/k/a "petitioner") must make a good faith search to find their missing spouse (a/k/a "respondent"). They must present proof to a court that they made a sincere effort to locate their absent spouse. At that point, the petitioner will be allowed to serve the repondent by publishing notice of the divorce in a newspaper in the missing spouse's last known location (this is in lieu of the usual method which is personal service). The court will then instruct the petitioner which newspaper to use. As a general rule, it will be in one in the area of the respndent's last known address. The respondent will then have 30-60 days to file their answer. If they fail to do so, the petitioner can file a request to enter a "divorce by default". The divorce is then granted upon the terms requested by the petitioner (although the respondent is given a certain time in which they can appeal). At this point, you may want to consult directly with a local divorce attorney as they can best advise you further under specific 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 AttorneyPages.com 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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