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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband has send me a divorce petition with wrong

Customer Question

My husband has send me a divorce petition with wrong informations from Texas to my current address in Ohio , what do I do next. As per the form I am supposed to revert back by this Wednesday, what do I do next
Submitted: 1 year ago.
Category: Family Law
Expert:  retireddebra replied 1 year ago.

When you say revert back do you mean put in your reply?

How were you served and when were you served?

Where does your husband live?

Customer: replied 1 year ago.
reply,
Through mail and on 13th nov.
My husband lives in Fort Worth , texas
Expert:  retireddebra replied 1 year ago.

This question is on the wrong list as it is on the Canada law list.

I will opt out and ask the site to move it to the US family law list.

Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your situation. First of all, someone in your situation wants to file an answer before the first Monday after 20 days of being served, or risk default. An answer is sent to the Court (you should see an address on your citation) along with a copy being served to the Petitioner (husband), or his attorney if he is represented by one.

Certified mail, return receipt requested.

Sample fill-in-the-blank answer is HERE.

If you and he have children, then another answer version is needed. Let me know.

You can include the correct information in the answer as well, as needed.

Let me know if you want to discuss as to "what happens next," and/or other questions that you may have.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
What happened if I missed my deadline
Expert:  Ely replied 1 year ago.

He can file for default, meaning that the Court will grant him a divorce based on whatever he wants.

Not filing in time is equivalent to a team not showing up to play a game - default win to the other side.

So he would be able to ask for anything he wants in the divorce, which is dangerous, since he can request alimony, for example, etc.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Can I response after 20 days too???
Expert:  Ely replied 1 year ago.

Yes.

Until/unless he actually files and receives a motion for default judgment, one can file the answer. If the answer is files after the deadline but before he has the motion for default, then the answer "still counts" and he cannot get that default.

But it is always best to assume that they want to try to file for default as soon as possible, so it is best to file an answer ASAP, and before the deadline if possible.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
I still two days for response ..is it possible to send my response within two days .I am completely unknown about it. What do I need to do for my response..??what is the way to send my response do I need to hire an attorney...?
Customer: replied 1 year ago.
I am not in the same state right now where my husband file for the petition divorce
Expert:  Ely replied 1 year ago.

Yes, it is possible to send the response within two days. See prior parts of my answer on how to do this:

Sample fill-in-the-blank answer is here:

http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/83B07ED6-A299-4B28-A566-42416030A069/div_no_kids_answer_final.pdf

An answer is sent to the Court (you should see an address on your citation) along with a copy being served to the Petitioner (husband), or his attorney if he is represented by one. Certified mail, return receipt requested should be utilized.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
I need to fill up the form and send it through postal service right including my husband address..?so is it there any overnight service in postal office
Expert:  Ely replied 1 year ago.

And the Court.

Yes.

There is next-day service at USPS most times.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Means I need fill form two times one for the court and the other for my husband ..do I need to go through attorney or I can filled it up and send it personally...?
Expert:  Ely replied 1 year ago.

Means I need fill form two times one for the court and the other for my husband

Right.

..do I need to go through attorney or I can filled it up and send it personally...?

It can be filled out without counsel, although a Texas-based attorney is recommended.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
I am worried don't have enough time can I hire an attorney after I send my response
Expert:  Ely replied 1 year ago.

Absolutely. You can retain counsel before or after an answer is filed - any time in the suit. If there is an issue with your answer, your attorney will then file an amended answer to correct/add anything needed.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
My husband he had filled petition divorce from tarrant county or do I have to hire a lawyer from county or anyone from Texas state
Expert:  Ely replied 1 year ago.

It can be an attorney from any county in Texas. However since your attorney will likely need to make at least a few trips to the Court as part of the divorce, it would be wise to retain someone in Tarrant County or at least one of the nearby counties.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Actually I enter u.s.a 0n jan15 of this year..it been two months I hav separate from my husband by my husband had filled a wrong information that we had separated from September of 2014 which is completely wrong does that matter???
Expert:  Ely replied 1 year ago.

No, it does not matter. This is a minor error, and it has no bearing on the divorce aside from the fact that the parties must wait at least 60 days after the divorce is filed before it is finalized.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
What gonna be my status after I get divorce actually my marriage is conditional and my green card will be expires on Jan 2017.wat do I need to do to renew my greencard
Expert:  Ely replied 1 year ago.

I am sorry, but this is outside the scope of the original question. I can discuss it if you accept the offer (this gives me more leeway), OR, you can ask another question in the Immigration Law Category for this specifically.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Even I am domestic violence he used to give me physical and mental torture does this matter or not...?
Expert:  Ely replied 1 year ago.

Yes, this does matter in terms of your I-751/conditional greencard.

However, it does not matter in terms of defaulting on the divorce if an answer is not filed in time.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Can I filled about violence In my divorce paper
Expert:  Ely replied 1 year ago.

Yes.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Right in my this response letter or later on...?
Customer: replied 1 year ago.
I am sorry I means on this 20 days response
Expert:  Ely replied 1 year ago.

Yes. You can mention the violence in your formal Answer to the divorce.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Ok ..my all the stuffs like clothes jewellires and academic documents are there in his house how can I get that..??he is not allowing me to enter his house???
Expert:  Ely replied 1 year ago.

Hello,

With all due respect, your original question was about how to file an answer in a divorce - which I answered. I can answer follow ups free of charge provided that they are within the same vein as the question. If you accept the offer the system is popping up, OR, at least rate positively, then I do have more discretion to go off topic.

But as of now, your follow ups are no longer in the same vein as the original question.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
how does it take to finalize the divorce...?
Expert:  Ely replied 1 year ago.

If it is not contested, then it can be ASAP in 60 days.

If it is contested, then it can take months, if not over a year.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.