May I know what are the procedures to file divorce?

Business 4 views 3 answers
I was married in overseas, and I entered to U.S. in 2008. Since 1994, we are not in contact. My husband is non resident and he never entered to U.S. I also don't know, where is he? Can I file divorce here in U.S. without his presence?

Attorney Answers

3
Thomas Baker ·
You can file in State of Texas if domiciled or stationed here for 6 months and in county where residing prior 90 days. The issue of jurisdiction determines the court's power to divide the marital estate.
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Edgardo Baez ·
The short answer is yes, but you still have to either serve your spouse or get a waiver of service before the divorce can be granted. Good luck and God bless you!
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Erena Anatolivna StreltsovChild Custody LawyerBelton, TX ·
I agree with the other two attorneys. You can file for divorce in Texas as long as you have lived in Texas for at least 6 months and have resided in the same county for at least the last 90 days. However, you will still need to have your spouse served or have him sign a waiver of service before your divorce can move forward. If you do not know where he is you will need to ask the Court to permit you to serve him by alternative means. This can be very tricky especially if you have children or property that was acquired during the marriage. You should probably hire or consult with an attorney to make sure that process gets done correctly.
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