I already filed for uncontested divorce and sent her the papers, she is now refusing to sign. How do I continue?

Asked over 1 year ago - Houston, TX

I now want to change some things in the papers because I was being nice since she said she would sign after 4 years separation.

Attorney answers (4)

  1. Thomas James Daley

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    1

    Answered . (1) Amend your petition for divorce and call it "First Amended Petition for Divorce"
    (2) Pay to have her served (about $75)

    At this point that 60-day clock will be ticking. If she does not file an answer on time, seek a default judgment. Note that if you default her and she figures it out within 90 days, she can almost definitely get a new trial. If she does file an answer, try to settle your case without trial.

    You need to hire an attorney, especially if you have any children. If you don't have any children and you have not accumulated any community property, then you can probably get this done inexpensively.

    Good luck!!

  2. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    Answered . You need to get good service on her. Best to hire a lawyer and you will also be required to do an inventory and other supporting documents.,

  3. James D. Roark

    Contributor Level 13

    Answered . It is helpful to know why she won't sign, but I agree with the above answer for the most part. Your petition should be changed (amended) before you have her served. It would need to be amended anyway, since your first one said that "no service is necessary".

  4. Sarah Balaparya

    Contributor Level 7

    Answered . You will have to serve her via a private process server or the constable. Also, once she has been served, you will have to file a First Amended Petition for Divorce and send that to her via certified mail so that she has notice of the items that you changed in the paperwork - and also that the Court knows you two will not be coming to an agreement for your property and child issues. I would also set this matter for a Temporary Orders hearing so that in the interim, there are orders that everyone must abide by until your Final Decree of Divorce is not entered with the Court.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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