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  1. #1
    Join Date
    May 2010
    Location
    Texas
    Posts
    5

    Angry Default Divorce

    My question involves divorce in the State of: Texas

    My spouse and I are both miliary and I asked him for a divorce 3 months prior to his deployment...his response was "no". I retained an attorney and finally filed in Apr 09 after he left, she advised since he was now deployed...there was no way to serve him. I mailed and emailed him the petition of original divorce and affidivat...He refused to sign. We have no children, realestate, vehicles, or any other assests together. He eventually retained an attorney as well. A Separation agreement was eventually typed because he wouldn't sign to military documents that stops the process of stationing married couples in the same location and he refused to sign that as well.

    In Dec 09, while still deployed, he stopped contributing financially to this household...even though his name still resides on the lease...he told his attorney he would sign divorce papers only if I found his a storage facility and stored his things unharmed. I had no problem with that...I found a facility and sent the information to him through both attorney's. My attorney generated the final divorce decree and the property was divided that we both retained what bought before marriage, I agreed that he could retain what I bought for him and what was bought during the marriage. I signed the divorce papers...they were emailed to him and he refused to sign.

    In April of this year...he requested a change to the final divorce decree in which I agreed and the papers were drafted again...I signed them and they were forwarded to him on Apr 21st for signature. I recently found out that he was deployed back to the states on Apr 6 through the unit he deployed with. He has not made an effort to contact me to let me know he was back or to make arrangements to pick up his property. He filed a change of address though the postal system and will not answer my phone calls.

    My paralegal contacted his attorney's office to find out the status of the divorce papers...and as of May 5th he is still reviewing the paperwork and hasn't signed a thing to this date.

    At this point it is clearly obvious that he is dragging this process as long as possible and costing me money. Even though he has all the legal documents in his possession, has retained an attorney, but has not been formally served...do I have grounds for a default divorce so I can move on with my life? What are my options?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Default Divorce

    Even though he has all the legal documents in his possession, has retained an attorney, but has not been formally served...do I have grounds for a default divorce so I can move on with my life? What are my options?
    When you posed these questions to your attorney, what did s/he say?

    Texas law provides:

    A variation of this is called the default divorce. In this regime, the Respondent is notified of the divorce action, but does nothing about it, and no Answer is filed within the 20 days plus Monday time period and there is no waiver. In Texas and other jurisdictions, a person who does not show up loses by default.
    It appears that your husband actually has done something about it (retained counsel, demanded changes in the decree), so it seems a default would not apply.

    Ask your lawyer to push for a trial date.

  3. #3
    Join Date
    May 2010
    Location
    Texas
    Posts
    5

    Default Re: Default Divorce

    At this point I am just waiting on everybody to include my attorney. I am waiting on her to get back with me for the answers to my questions.

    In my opinion, since he has responded to his attorney, I am thinking I can get a court date too...however, since he has not been formally served...that's where I get confused about the default divorce because he's not interested in finalizing this process. I am guessing since he has not been formally served...the courts will not recognize his response.

    How do we proceed forward without his participation because the only change he requested to the divorce papers was a massage chair and a dang mattress. How long does it really take to review those changes?

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