Spouse in jail How do get divorce final?

He may or may not be brought to court. It might depend upon the judge and the availability of transportation.

Bring this to the attention of the court as soon as possible so that the judge has time to think about it and whether he will order the jail to bring your spouse to court.

I just did this on a case. You have to give him notice of the date and give him a chance to respond or request that he be brought over. You can also get him to waive his appearance if this is agreed. You really need to consult with an attorney. If you can't afford one, see if legal aid in your area can help you. Also, this isn't a criminal law question, it's family law one. I'll change your practice area so attorneys who know Texas rules on this can answer.

Depending on the case, he might not need to be there. Hire a lawyer to help you.

We have taken your question in different ways. I am assuming that you filed the petition for divorce. If you filed the petition, and you have already had him served, rejoice. The way any lawsuit works in that you file your petition and then have the other party served with the petition (and with a citation issued by the court) by a process server, constable or a sheriff. The citation advises the other party, in this case your husband that he has been sued. In Texas a citation says something like, you have until the 10:00 A.M. on Monday next after the expiration of twenty days to file an answer. If you do not file an answer a default judgment will be entered against you. I assume that you filed for divorce from the gentleman in jail. If he was properly served with citation and the petition, and the proof of service is in the file, do nothing. As long as the return of service has been on file for at least 10 days, you go to court on the trial date and put on your evidence briefly, and you automatically win. Do not try to get him to Court. There is no requirement that he be there. Courts grant default judgments everyday. If he has not been properly served with citation and the petition (and assuming that he did not appear at a temporary orders hearing), you need to get him served ASAP. That can be done while he is in jail either by payng a Constable or Sheriff to serve him. When I have someone in jail I usually have the Court Clerk serve them by certified mail at the jail. Make sure you give the clerk his jail number as well as his name. It is not necessary to serve him--if he has already been served. Start thinking about the relief you are going to request from the Judge at trial. Hope this helps.

You simply have to serve her in jail or ask her to sign a waiver. If for some reason you don't know where she is, our firm can help locate her. After she is served and depending on whether she files an answer, you can proceed by default or set the case for final trial. If you need additional information, please contact us.