What do I do if my husband filed for divorce but now won’t go througgh the final steps to appear in court and get it finalized?

UPDATED: Aug 14, 2012

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What do I do if my husband filed for divorce but now won’t go througgh the final steps to appear in court and get it finalized?

Since he is the one that filed, can the case be transfered to me to take on the responsibility of setting the court date, getting it finalized?

Asked on August 14, 2012 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Typically, in such a a case, you would have to re-file. Then if your husbnd still refused to co-operate, you can still get the marriage dissolved. Basically, it works this way, if he fails to respond to any documents sent to him, then after a certain period of time (typically 30-60 days in the majority of jurisdictions), he will be considered to have defaulted. The court can then issue what is known as a "default divorce".

As a general rule, it will be granted on the terms and conditions that she requests (although he'll be given a timeframe in which to appeal any property settlement or custody issues).

At this point, your best bet is to consult with an attorney in your area. You can then go over the specifics of your case and they can advise you accordingly. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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