Whats to complete process of a default divorce and how do i get one- In Texas

Asked over 2 years ago - Conroe, TX

its uncontested divorce, but husband thinks the attorney general for child support is looking for him for what he wont try to pay. he doesnt know its our divorce-he does agree-but wont accept mail, calls, and has family hiding him. What do I do? please help i'm on disability and inable to pay for investagator

Attorney answers (1)

  1. Brian W. Erikson

    Pro

    Contributor Level 18

    Answered . I think that you probably meant a "no fault" divorce, but the answer would be the same.

    You have to be able to prove that proper service of process (citation and petition) occurred with your husband. The service return would have to be on file for ten days before you could request that the court grant a default judgment for your husband's non-appearance. You will need an attorney to file the motion for entry of default judgment properly, as you don't want your husband to be able to attack a default judgment later.

    If your husband is evading service of process, your attorney can file a motion for alternate service such as leaving the citation and petition with anyone over the age of 16 years at his usual place of abode, or by tacking the papers to the front door. Your attorney can help you with that process. Again, the service return for alternate service would have to be on file for ten days before you could seek a default judgment.

    Good luck.

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Divorce

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

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