Husband filed for divorce but checked box to not serve papers. If I don't receive papers , is the divorce proceeding?

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He says that the first hearing is 60 days away but my parents say I only have 20 days to sign an answer. If I don't have the papers, can he take everything we own.

Attorney Answers

3
Sheadyn Rogers ·
Does your husband have an attorney? Are they trying to serve you? Did you sign a waiver of citation? Be very careful here. If they are trying to serve you and can't, they can file a Motion for Substituted Service by leaving the papers at anyone at your house over 16 or on your fron door, of even a Motion to Serve by Publication (in the newspaper for example). Why not just hire an attorney, get the papers, and file an answer and get the darn thing going. Good luck to you.
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Michael Ross MillerProbate AttorneyBelton, TX ·
If you know a divorce has been filed, you need to protect yourself...from fraud, if nothing else. Divorces get entered all the time without one of the parties being served when the petitioner lies to the court and says that they don't know where their husband or wife live. There are alternate ways of serving people, such as a notice at the courthouse door for small estates with no children, and notices in the newspaper for larger states. These alternate means of service very seldom are effective in notifying the other spouse. I suggest that you employ an attorney, have them determine if a divorce is pending, and make sure things are being done right. With an attorney you can be sure that you are being protected. It's much easier to get things done right the first time than to try to correct a bad error that happened because you were not diligent.
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William Moore ·
Your divorce has been filed. Why don't you get professional legal advice to determine the status of your divorce. There are timelines that will apply. There is also the possibility he may/may not commit some fraud with regard to service of a citation or filing of a waiver. I've seen both happen. Protect yourself if you are afraid he will take everything the two of you own. If you are sincerely concerned, get pro-active.
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