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Just need to know if 60 days has passed since initial

Customer Question
Just need to know...

Just need to know if 60 days has passed since initial divorce paperwork filed with court, but certified mail to NY address for respondent didn't work (returned to court unsigned), do I need to file an extension request or just find a server to deliver to respondent in person? What are my time limits?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I'm filling in TX.... respondent lives in NY

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

2 children in my custody living with me in TX 2+ years

Submitted: 11 months ago.Category: Family Law
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Answered in 4 minutes by:
9/19/2017
Family Lawyer: Lucy, Esq., Lawyer replied 11 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Sixty days is the minimum waiting period in Texas, but you're not required to complete service in 60 days unless you're seeking an expedited divorce. You can go ahead and hire a process server to serve your spouse now. What the law says is that you get "a reasonable time" to serve him. If you sent the mailing and had to wait for it to be returned, that's reasonable. The judge will then look at what you did next. But generally, any service within about 6 months is going to be reasonable. Especially when they're in another state and you have to track them down.

There's no need to file an extension at this point. Just serve him as soon as you can, and file the Proof of Service with the court.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 11 months ago
Do I have a time limit for follow up questions?
Family Lawyer: Lucy, Esq., Lawyer replied 11 months ago

No. You can return to this page with related follow-ups at any time. Unrelated follow-ups will go on another page.

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Family Lawyer: Lucy, Esq., Lawyer replied 11 months ago

Please rate my response as a show of good faith, as this is the only way experts get paid for the time spent answering questions. You can still come back and ask follow-ups at no additional charge after rating.

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Customer reply replied 11 months ago
I just mailed the petition to be served by the local sheriff. On the citation receipt it states the respondent has 20 days, but I read on texaslawhelp that with the second attempt (certified mail was returned undelivered) I can come to court for final hearing 12 days after receipt received by the court. Is it 20 or 12 days now?
Family Lawyer: Lucy, Esq., Lawyer replied 11 months ago

He gets 20 days from the date of receipt of the Complaint to respond.

You have to ensure that the Proof of Service is filed with the court at least 12 days before the final hearing. It usually takes a few days for the sheriff to mail you the proof of service.

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