I am a respondent to a Petition for Divorce, petitioner did not follow through, as a respondent can I prove up the Final Decree?

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The petitioner is a resident of Denton County (Texas). I am a resident of Travis County (Texas). He (petitioner) filed the uncontested divorce in Denton County but did not follow through. He has also paid all court fees related to the filing. If he signs the Final Decree of Divorce, can I as a respondent drive to Denton County to present the Final Decree of Divorce and prove it up? Does he have to be present?

Attorney Answers

3
Howard Lewis ·
Those are very good questions and theoretically if the divorce is filed in the appropriate jurisdiction and in the appropriate manner and you have a court date you may be able to go to judgement on that date. Chat with a local attny or call the court before you take the drive. Hope things work out and take good care.
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Min Kim ·
In Texas, you can file the divorce in the county of either party if that party has been resident of that county for the last 90 days and a resident of Texas for the last 6 months. If your ex spouse is willing to sign the "Agreed final decree of divorce" than either party can prove it up. Also, your ex spouse should sign a "waiver of service" which means that he waives his right of service of process. Generally, in an uncontested case the judge (depending on the court) requires that a waiver of service be filed with the court prior to or at the time of the prove up. Both Denton and Travis county have great pro bono (free) legal organization that provide free legal advice and representation. Consult those organization for more specific advice.
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William Moore ·
You need to file a counterpetition for divorce and mail a copy to him certified mail return receipt requested. Doing so puts you in the position of asking the court for "affirmative relief", i.e., asking for a divorce for yourself. Get him to sign the decree you prepare granting you the divorce, then go to court in Denton and prove it up and have the decree entered.
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