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

Asked in Houston, TX - 3 months

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)

Fran Brochstein

Fran Brochstein

Houston Mediation Attorney

Licensed in TX

Answered 3 months ago. 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.
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Stephanie Nichole Brooks

Stephanie Nichole Brooks

Dallas Personal Injury Lawyer

Licensed in TX

Answered 3 months ago. 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.
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M Elizabeth Foley

M Elizabeth Foley

Galveston Family Law Attorney

Licensed in TX

Answered 3 months ago. 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.
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Jacqueline R. Kriebel

Jacqueline R. Kriebel

San Antonio Divorce / Separation Lawyer

Licensed in TX

Answered 3 months ago. 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!!
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Mark Anthony Cohan

Mark Anthony Cohan

Dallas Divorce / Separation Lawyer

Licensed in TX

Answered 3 months ago. 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.
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