If I filed for a divorce 20 months ago but it has not yet been granted, is there anything that I can do?
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If I filed for a divorce 20 months ago but it has not yet been granted, is there anything that I can do?
My husband would not sign the divorce papers. So I paid $50 extra to have him served. I have been to court 3 times. I paid $500 for the divorce. It’s been 9 months. I don’t understand I have done everything. Do you know why I’m having such a hard time. My life is on hold’ I just want to go on with it. We’re not fighting over anything. Kids are grown, were not fighting over money. I just want my madian name back.
Asked on September 9, 2015 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A basic uncontested divorce has three components (1) filing of a petition (2) service or waiver by the respondent and (3) entry of a final decree.
If he has been served, then you just need to call the court, ask when you can come and do your "prove-up", and then appear and put on your "prove-up" testimony.
From the facts that you are describing, I can't tell you exactly why the court has not granted your divorce. If you didn't have him properly served, that could be a reason. If he didn't answer the door, and he wasn't personally served, then you would need to ask the court for alternative service (which could be by posting notice on the door). That requires another motion, order, and re-service.
If the judge is telling you that your service is good, then the issue may be that the judge is not satisfied with your final decree. If you are using one of the new pro se forms available online, then you may want to have an attorney review it to see what is missing -- and then to assist you to make any changes that would satisfy the court.
The quickest and easiest way to get your divorce is to see if he will sign off on the decree as well. He's probably ready to get the divorce finalized as well. If you both agree with the wording, then the judge will have even more motivation to grant your divorce and approve your decree.
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