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ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17110
Experience:  Licensed Texas General Practice Attorney
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My soon to be ex-husband is over seas with a company that is

Customer Question

My soon to be ex-husband is over seas with a company that is contracted with the military (however he is not military). I filed our divorce papers on July 31st of this year and surved him myself on August 2nd and he did sign the waiver of service. He left for houston TX on August 2nd and was there until about August 12th. I've called the court house to see if he had responded to the patition yet and he hasn't. Is our divorce legal? What would be my next step?
Submitted: 8 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 8 years ago.
Well, divorce is a process. You first serve divorce papers, and give the other side time to answer. Make sure that you have the waiver of service filed with the clerk. It has to be on file for 10 days. If they do not answer within the prescribed time, then you can move for a default judgment. In Texas (if that is where you are), the defendant has until the Monday following 20 days from service. This can get tricky, but if the petition was served on August 2, then you're certainly past that time.

You will then need to get the judge to sign a final order of divorce for the divorce to be final. To do this, you will need to file a motion for default judgment, a certificate of last known address, a service members affidavit, a TDH vital statistics form, a proposed order for the judge to sign, and have a court reporter lined up for the hearing. You can get all the forms at this site. There are some instructions about what you need to do from there.

Once you have the hearing, and the judge signs the final order granting your divorce, then you are legally divorced.

I hope that helps. Good luck to you!
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Customer: replied 8 years ago.
I am in Oklahoma and also have a minor child (8 months) in result from the marriage. This is the only thing that we have jointly
Expert:  ScottyMacEsq replied 8 years ago.
Then the forms and procedure are going to differ slightly, but the concept is still the same. Again, you're going to have to ask for a default judgment because of his failure to answer. The judge should grant that.

I could not find any forms online for free. I would suggest that you go to your local library and look for a book that has Oklahoma divorce forms. Check in the "legal" section. There are also some sites online that have these forms available for a fee. You can also call up the local clerks office and see if they have any forms for default divorce. You will just want to follow the specific steps and requirements that they have. Contact the court coordinator and get a hearing scheduled. Send your husband notice of this (2 copies: one certified mail, return receipt requested, and a copy by regular mail) so that you can prove that you gave him notice of the hearing. Again, you will need to file a service members affidavit, as well as affidavit of last known address and proposed order.

I hope that helps. Good luck to you!