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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My husband filed an original petition two months ago and I

Customer Question

My husband filed an original petition two months ago and I signed the waiver and we both had it notarized. I found out recently that the courts have not received the waiver yet. My husband is now out of the country but will be arriving tomorrow so I cannot question that matter until then. The problem I face is his green card status was terminated and he will be returning to his country for good. I just want to know worst case scenario if I cannot reach him at all to complete the divorce process, how can I proceed of finalizing it myself as the respondent.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you think the lawyer should know?
Customer: No, I just want to see what options I have of proceeding myself if he does not complete it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

Since he filed the divorce, he'd need to sign off on any final decree to finalize the divorce. You would not be able to finalize it yourself without at least that much cooperation from him.

In the future, you could file for divorce yourself, have him served (or sign a waiver) and proceed with the divorce.

More than likely he just didn't send the waiver yet.

Customer: replied 1 year ago.
Would I still be able to file an original divorce petition myself or will I have to wait the allotted time based on each state for it to be thrown out before I can file?
Expert:  originallawyer replied 1 year ago.

You would need to wait for it to be dismissed before you could file your own. If you filed your own right now it'd be either consolidated with the current case (which would still require his cooperation to finalized) or dismissed based on the prior case already being filed. Most Judges in Texas will dismiss a case if there's no movement on the case in 6 months to a year.