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Yes, and yes. Although you can use the fact that he is in prison against him, he can still contest it.

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Q: Can you file for a divorce if your spouse is in prison in Texas and can he contest it?
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I live in Texas and spouse won't sign divorce papers in Ohio so how do you have them served?

I am having same problem. Wife says she will contest


What if spouse don't sign divorce papers Texas?

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.


In Texas what happens when a husband wants a divorce but the wife does not?

The wife cannot refuse to divorce her husband, but she can contest the terms of the dissolution of marriage petition which usually causes the proceedings to be lengthy and expensive for all parties. If there is no disagreement on the terms and the non filing spouse refuses to accept the divorce summons the requesting spouse can file under the state's default laws.


Do you have to live apart to file for divorce in Texas?

No. There is no law stating that you have to live apart from your spouse to file for a divorce. :)


Do you need to file for divorce if you and common law spouse separate in Texas?

yes you do


Can an individual in Texas still get a divorce if their spouse refuses to sign the divorce papers?

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.


In Texas what happens if your spouse refuses to give you an address so he can be served with divorce papers?

Ask your attorney about suing your husband for divorce "in absentia).


Your husband is in prison in Colorado you live in Texas you were married in Colorado what are the procedures for divorce?

nope nope


If you live in California can you get a divorce in Texas?

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.


If you were married in California but one spouse lives in Texas where do you get divorced?

The couple would file for divorce where they reside.


How do you get Divorce by publication 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.


How can you get full custody of your children in Texas if the divorce took place in South Carolina?

You would need to sue your former spouse for a modification of the divorce degree. Proper venue for this suit would depend on where the former spouse and children currently live.