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  1. #1
    Join Date
    Sep 2006
    Posts
    2

    Default Default Divorce in Texas

    How does this happen?

    I had been a stay-home mom and housewife for over seven years (married for thirteen) and was left destitute by my husband who called from work one day to inform me that he was not coming home anymore. He moved in with another woman that very afternoon.

    Several months later, I received an Original Petition for divorce. It was sent via first class mail and addressed by my now ex-husband. In other words, I was not formally served with anything. The only thing I was asked to sign was a waiver, which I would not sign for what I believe are obvious reasons. The main one being, however, that the petition made no mention of child support.

    I believed, and still do, that the petition was filed for the sole purpose of forcing the Attorney General to back down, as I just filed with the OAG to initiate a child support order.

    As far as I knew, my ex-husband never did anything at all to move forward with the divorce. One year later, in August of this year, I found out that the divorce had actually been finalized in June 2006.

    How does this happen? I was in contact with my ex by phone and by email. He never told me he was moving forward even though I mentioned the "pending divorce" many times. I explained that I did not have money to answer his petition, but told him that I was more than willing to sign if he would only modify the petition to include a child support order and more specific custody/visitation agreement. (I did not want to keep our son from him; I wanted assurance that he couldn't take our son and run.)

    Wouldn't he have to lie and say that he was unable to contact me or something like that? If he did, wouldn't that lie amount to perjury? I have the emails to prove that he was in contact with me and that we discussed the divorce. This discussion was taking place several weeks after the divorce was actually final, and he still carried on as if it was still pending.

    He does not know that I know and, to this day, still has not informed me that we are divorced! I have stopped all contact with him because this only proves how low he is willing to go.

    Can anyone help me work out what has happened and what I might be able to do about it?

    Thanks!

    Lottie

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Default Divorce in Texas

    You received divorce papers, and knew a divorce was pending. The papers would have notified you that you had a limited amount of time to reply, and that your failure to do so could result in a default judgment being entered. That's what happened.

    If your ex- was intentionally misleading you about the status of the case, you may have a basis to re-open the case. Other grounds may exist as well. But you really need to bite the bullet and consult a lawyer.

  3. #3
    Join Date
    Sep 2006
    Posts
    2

    Default Re: Default Divorce in Texas

    Thanks for your reply.

    The papers did not state that I had a certain amount of time in which to reply.

    I am now in a better position to seek legal counsel, and will do so as soon as possible.

    Thanks again!

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