I am having same problem. Wife says she will contest
Ask your attorney about suing your husband for divorce "in absentia).
You continue with the divorce proceeding. A spouse who refuses to sign the divorce papers can delay the proceedings by making it take longer but they cannot prevent the divorce.
Yes. A judge decides whether or not a divorce will be granted, a spouse does not. The fact that your spouse will not sign a piece of paper has no bearing on the issue. The fact that your spouse has retained a lawyer has nothing to do with it. The lawyer represents your spouse's interests. The lawyer is there to take you to the cleaners.
Definitely Yes. As long as at least one party meets the Texas residency requirements, both parties are aware of the divorce, and the respondent has been properly served, the divorce can be consummated in Texas.
When you file your Petition for Divorce, you need to also file an Affidavit swearing you've tried to find your spouse but have been unable to, and don't know where he/she is. Pay the extra fee to the clerk to have the spouse served by publication.
File a motion of default in the court where the original divorce petition was filed. The spouse will be notified of the action. If the spouse fails to respond, the divorce will be granted and he or she will forfeit the right to oppose the terms contained in the original petition.
You can refuse to sign divorce papers in Texas. The divorce will eventually move ahead and along without the signatures.
No. There is no law stating that you have to live apart from your spouse to file for a divorce. :)
Go see a Texas divorce lawyer. * File the dissolution papers in the state circuit court in the county in which you are a resident.
Depends on the CountyIt depends on the county you file in. Each county has its own fee schedule for divorces. It's also dependant on whether you need to serve the other party in the divorce. In Harris County for example, a divorce where you do not need to serve the other person and you have no children would cost you $210. Forth Worth, Texas
yes you do
To file in Texas, one of you must have lived in Texas for the last 6 months, and in the county where it's filed for at least 90 days before the Petition was filed. So, if you live in California but your spouse is in Texas, you can file where your spouse lives.