I filed divorce, got my abusive drug addicted spouse served but he will use an excuse to not show up for hearing

Asked over 1 year ago - Houston, TX

What is done after my spouse has finally been served divorce papers 5 months after I filed and does not plan on showing for court but will use some lame excuse (such as having hospital tests ran) to postpone my necessary divorce from happening? We were only married under two months then i had to move him out because he stole all my vaulables, has a long criminal history and is a known pill abuser. Can't i get a restraining order to keep him away? I have a young son.

Attorney answers (5)

  1. Fran Brochstein

    Contributor Level 18

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It sounds like you are trying to do this pro se. There is a reason why people hire attorneys - you have a difficult situation when you are dealing with a man that is abusive & on drugs. Sometimes it is worth the money to hire a person to lead you through the process & act as a "buffer". Good luck & be safe.

  2. Stephanie Brooks Sherman

    Contributor Level 2

    1

    Lawyer agrees

    Answered . You should get the case set for trial and if he doesn't show up the court will either grant the divorce or cite him for failure to appear. You will need to have a prepared divorce decree in hand for the hearing so the Court has an order of divorce to enter. Since you are pro se, you should call the court's clerk and ask them how to proceed with getting it set for hearing/trial.

  3. M Elizabeth Gunn

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes, you can get temporary orders put in place that should take care of the situation. However, it sounds like you have some other considerations here that may go beyond the usual reasons for wanting to keep him out of the house and get the divorce over with, and I would strongly suggest that you consult with an attorney before proceeding. Particularly if there has been any documented family violence, you may have options available that you aren't aware of at this point. Good luck.

  4. Jacqueline R. Kriebel

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Two months? You may have a fraud issue that qualifies you for an annulment. How can he not show up for court and make an excuse to the court? If he fails to show, get a default judgment. Hire a family law attorney and file for temporary orders and a restraining order. If the son is his and he fails to show for temporary orders then you win the hearing by default. But this situation can be complicated for nonlawyers. Consult with a family law attorney as soon as possible!!

  5. Mark Anthony Cohan

    Pro

    Contributor Level 15

    Answered . You need to set a hearing and have an order to appear in that motion. However, if you do that, you're going to have to have him served with it. It's a little more expensive but that's how I handle it. If you're ordered to appear and don't, you're in contempt of court.

    I'd strongly recommend consulting a local attorney, especially since there's a child at stake.

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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,278 answers this week

3,202 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,278 answers this week

3,202 attorneys answering