Legal Question in Family Law in Texas
my husband signed the waiver of service for the divorce but now is saying that he doesn't not want to sign the final divorce decree. We do not have property or anything. we have two children but we already have a court order in place that I am not asking to modify. Does he have to sign the final decree when I go to court or can I just take it in with the waiver. I do not have any way to get in touch with him except for when he calls me. so I do not have any way to get him the final decree.
2 Answers from Attorneys
Since the divorce decree is going to replace the court order governing the children, your husband is going to have to agree to the decree or are going to have to take him to trial. To do this, he would have to be served a copy of the trial setting. If the matter is set for trial and your husband fails to show up at trial, he would lose by default. You probably need to hire an attorney to review the facts and law with you.
Let me add that it sounds like the TX AG has been involved in your case. If so, they will also need to sign the Final Decree of Divorce. You might want to hire an experienced family law attorney to help you finish your case. Look on this website & on www.avvo.com for an attorney.
www.familylaw4u.com
713-847-6000
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