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Legal Advice on " no cohabitation for 10 years, didn't even live in same continent - how to get the fastest way to divorce? "

Dallas, TX |

she does not want to divorce even after 10 years NOT seeing, not talking , nothing for 10 years which was soon after the marriage!. how can I convince her to uncontested or something would get out of this marriage without a day in court? Do I have the right to ask half of her assets gained during this 10 years? if so, this could a good leverage.

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Attorney answers 3


File suit for divorce here in Texas, allege 1. insupportability, 2. abandonment, 3. living apart as grounds. Serve her by publication. The court will appoint an amicus attorney to represent her. Prove up your divorce suit. IF you ask for 1/2 the assets she's acquired and IF the court were to award them to you, you would have to take your Texas Divorce decree to the country where she is living and try to enforce it there.

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.


You may not be able to, but you have the right idea. File, serve her, and assert she's abandoned the marriage. You might actually get 1/2 of the assets accumulated during the time apart, which is great leverage. If you cannot find her, you can serve her by publication. If she fails to respond to the law suit, you can default her and at least obtain the divorce you are wanting.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.


I agree with most of what others have don't need to convince her of anything, just file, serve her and thereby put the pressure on her to respond to your lawsuit....Texas is a no-fault state so you can get a divorce whether she wants it or not....physical separation doesn't change the fact that everything acquired during your marriage through date of divorce is community property subject to a just and right division....your marriage is over, time for you to take action.

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