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Who files the answer of divorce? Where do they file it at?

Houston, TX |

My husband and I are in the middle of a divorce. He hasn't signed the answer to divorce and was wondering once it's signed and notarized where does he take it or do I need to take it? Also it's been past the 20 days. Does that matter?

Attorney Answers 3


Filing requirements vary from state to state. If your state requires a responsive pleading, you would file it with the clerk of the court that issued the divorce petition. If you have any questions regarding filing procedures, you should seek a consultation with an attorney in your area.

The answers provided are for informational purposes only and shall not be considered legal advice on your specific fact situation. If you would like information specific to your particular fact situation, please feel free to contact me directly.

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Sounds like you gave him a "waiver of service". If that is what you did, then request issuance of citation and get him served. An answer doesn't need to be notarized. A waiver of service does.

I suggest you at least talk to a lawyer, i.e., get a consultation about what you're doing.

All pleadings including waivers are filed with the District Clerk at 201 Caroline, Houston

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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Best to hire an attorney to help you if he does not want to sign. Service of the document will have be made proper if he does not sign, the "waiver" and several other supporting docments will be neeed to complete the divorce.

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