Question about Divorce waiver and decree

Asked 8 months ago - Magnolia, TX

My husband signed a waiver to attend the divorce and will not disclose his address on that form. Judge did not authorize the divorce due to that fact. . 1. will he need to get the waiver notarized again and specify an address? 2. Does he need to sign the divorce decree even if he does not attend?

Attorney answers (4)

  1. Maria Sara Lowry

    Contributor Level 20

    4

    Lawyers agree

    Answered . The answer depends on just what the waiver says and just what the judge said.

    You could have him personally served. Order a citation and copy, then arrange for either a private process server or a constable to serve him.

    If you don't know his home or work address consult an attorney or investigator.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  2. William Tyler Moore Jr

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . If the judge won't accept the waiver because your husband didn't put an address on it, you may want to get him served by the constable's office or have him resign the waiver putting his address on it -- if he wants the divorce. If not, get him served. As for his signature on the decree, depends on what the waiver says.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more
  3. Sherrie Haussner Travers

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . You have three options:
    1. Prepare another waiver with all of the missing information and/or language that the judge discussed. There may be more than just an address. With this option, you run the risk of the judge rejecting your waiver yet again.
    2. Have citation issued and have your husband served. You cannot serve him yourself. You must use an authorized person.
    3. Invite your husband to meet you at the courthouse to complete the divorce.
    In any of these options, I advise having your hsband sign the divorce decree.
    Good luck!

  4. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . If he does not sign the necessary paperwork you'll need to proceed with a contested case.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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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