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

Asked over 1 year ago - 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)

  1. William Tyler Moore Jr

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more
  2. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

  3. Larry David Stassin

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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... 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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