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Divorce with property and 1 child / filed as uncontested

Houston, TX |

I filed for divorce on 7-29-08 and had my husband served of which he did not respond. The 61 days is up and I went to court to finalize the divorce and was told he has to sign the waiver of service & entry of appearance and also the final decree. He said he is not signing anything else and if I can't get the divorce based on him not responding then we just won't get divorced. What else can I do? How can I get the court to grant my divorce if he won't cooperate and sign? I do not have an attorney because I can't afford an attorney so I ordered the divorce guide & forms & completed them myself. When I went to court the judge told me she could not grant it because the decree stated he signed the waiver of appearance & they did not have a copy. She suggested I get it signed & notarized but he is refusing now. Please help?

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Attorney answers 2


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If you have properly served your husband and he has failed to file an answer to the court then you can move for a default judgment. Attached is a link with more information on divorce law/process in the state of Texas.


It is difficult to assess your situation without seeing your documentation; however, based upon what you have written, if your husband was properly served with a divorce petition, and he has not filed an answer, you can divorce him with a default judgment. You probably just had the wrong type of Decree when you went before the judge. Although you believe you cannot afford an attorney, there are many that will work with you on the fees, especially since this involves only the preparation of the decree and the proveup.