Ask a Lawyer and Get Answers to Your Legal Questions
Good evening! I can help you out with your legal question tonight. I'm sorry about your situation. In order to better assist you, may I ask you a few quick questions? Were you married in TX?
I'm sorry, does she still live in TX?
Or is she with you overseas?
yes she still lives in texas, I couldn't bring her with me
and yes we were married in texas
I understand. There are two different ways to cancel a marriage in TX. One is to cancel it because it is void, the other if it is voidable.
whats the difference between the two?
and how is a marriage voi or voidable?
Marriage Under Age 14
Do any of those apply to your situation with your wife?
none apply to us except the last one. I guess you could say were both incompatible because things just aren't working and she doesn't want to be married anymore
I see, then you could really only get a divorce and not an annulment (which is where the marriage is cancelled).
how long does the process take to get a divorce then? and around how much should I be looking at spending?
Unless you got married within 72 hours of getting your marriage license.
I believe we did but weve been together for a couple months now so that cant be used, am I right?
The divorce usually takes 2-4 months to complete. If she is on board, you can call the court and just get the divorce packet and fill it out. You will have to pay a fee. Since you don't have kids together, it will go much smoother.
Correct, it is too late now.
well, she has a daughter but the daughter isn't biologically mine and I didn't adopt her either
will that complicate anything?
That is fine then. She won't be a complication.
ok, so since im not in America, can she go to the court an get the paperwork sign it then send it to me and I sign it and send it back?
Yes, that is correct.
Have her call her county courthouse and get the packet.
They will have it or refer her to the online version.
alright and if I was to go back to the US for vacation time to get this done would it be able to be completely taken care of within two weeks?
Not likely since after you file it, there is a hearing with the judge. I've never seen a hearing within two weeks of filing it. Since you are in the service, they may allow you to telephone into the court though.
ok, so after the packet is turned in about how long can I expect the wait to be until the hearing is to be held
It depends on how booked the judge is and what judge you get. It typically is between 3-5 weeks.
ok, that's not too bad. well that's all I really needed to find out. I appreciate your assistance
You are very welcome and thanks for serving our country!
Please leave me feedback before you go and have a great night!
thank you, XXXXX XXXXX too.