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Question about Divorce waiver and decree

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


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 provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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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 could be considered attorney advertising.

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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 would like to discuss this or other isues.

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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!

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