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No-Fault divorce in Texas

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cuel677

Junior Member
Texas

My boyfriend's wife recently filed a divorce petition on the 17th here in Brazoria County. She filed a pro-se notice, the original petition, and an affidavit of inability to pay costs. On the 20th she gave him the waiver of service which he filed the same day. Last Friday we saw in the record online that the DA filed a Letter of Contest.

They have been separated since 2009. They have a 4 year old daughter together and settled custody and child support concerns with the court and Texas OAG in May of '10. She is currently pregnant with her boyfriend that lives with her, but put on the petition that she has no other children and is not pregnant.

The trailer she lives in is under her name and paid for. When they first married (back when he was 17 and she was 16 in 2007) their parents gave them each half of the money to purchase the mobile home which had a lost title. It was agreed that when they paid their parents back that her father would transfer the title to both of their names. When they separated, he never paid her father and he put the title in HER name alone. She claimed on the petition that they had no property or vehicles. Although, my boyfriend isn't contesting the property, they actually did purchase that together while they were married even though it had a lost title.

She is currently on welfare and is receiving medicaid for herself, her unborn child, and their child they share (he has insurance through his father which doesn't cover their daughter since he doesn't have custody of her). She is unemployed, doesn't have any type of education other than a GED, and solely relies on her parents, or her boyfriend for support.

What I'm getting at is, why would the DA file a letter of contest? Could it be for any of the false statements she made on the original petition? What does it mean and how could it effect their case? They both want this to be settled and over in the 60 days after she filed, will this delay the case? What should he expect?
 


CJane

Senior Member
It is HIGHLY unlikely that a divorce will be finalized in TX if the wife is pregnant. Your BF will need to wait until the child is born, and address the paternity issues (he will be the presumed father) in the divorce process.
 

cuel677

Junior Member
Thats what I figured, but I wasn't sure. How would they know though? Obviously if they saw her, but no one has seen her except the notary when she signed the petition and the clerk when she filed it. Would the DA's office know this?

Also is he at fault in any way since he knows she was pregnant?

And, i'm sorry!!, but what would he have to do now? I understand wait until its born, but after that? Just get a paternity test? Does it have to be court ordered to be valid or can they just do it themselves?
 

CJane

Senior Member
Thats what I figured, but I wasn't sure. How would they know though? Obviously if they saw her, but no one has seen her except the notary when she signed the petition and the clerk when she filed it. Would the DA's office know this?
She's on medicaid for a pregnancy. The state knows she's pregnant.
 

mistoffolees

Senior Member
Thats what I figured, but I wasn't sure. How would they know though? Obviously if they saw her, but no one has seen her except the notary when she signed the petition and the clerk when she filed it. Would the DA's office know this?

Also is he at fault in any way since he knows she was pregnant?

And, i'm sorry!!, but what would he have to do now? I understand wait until its born, but after that? Just get a paternity test? Does it have to be court ordered to be valid or can they just do it themselves?
When filing for a divorce, I believe that you are testifying that the wife is not pregnant. If either of them knows different and signs anyway, they are guilty of perjury.

Now, if wife files and husband does nothing and lets it go to a default divorce, then he wouldn't be committing perjury - but he could end up supporting a child that isn't his, so I don't recommend that.

Other than that, you need to back out of it. It's bad enough that both Dad and Mom are messing around while they're still married, but having GF involved in the legal matters is ridiculous. Have your BF come her and sign up with his own account and ask his own questions.
 

Silverplum

Senior Member
Q4P, of course. ;)

Texas

My boyfriend's wife recently filed a divorce petition on the 17th here in Brazoria County. She filed a pro-se notice, the original petition, and an affidavit of inability to pay costs. On the 20th she gave him the waiver of service which he filed the same day. Last Friday we saw in the record online that the DA filed a Letter of Contest.

They have been separated since 2009. They have a 4 year old daughter together and settled custody and child support concerns with the court and Texas OAG in May of '10. She is currently pregnant with her boyfriend that lives with her, but put on the petition that she has no other children and is not pregnant.

The trailer she lives in is under her name and paid for. When they first married (back when he was 17 and she was 16 in 2007) their parents gave them each half of the money to purchase the mobile home which had a lost title. It was agreed that when they paid their parents back that her father would transfer the title to both of their names. When they separated, he never paid her father and he put the title in HER name alone. She claimed on the petition that they had no property or vehicles. Although, my boyfriend isn't contesting the property, they actually did purchase that together while they were married even though it had a lost title.

She is currently on welfare and is receiving medicaid for herself, her unborn child, and their child they share (he has insurance through his father which doesn't cover their daughter since he doesn't have custody of her). She is unemployed, doesn't have any type of education other than a GED, and solely relies on her parents, or her boyfriend for support.

What I'm getting at is, why would the DA file a letter of contest? Could it be for any of the false statements she made on the original petition? What does it mean and how could it effect their case? They both want this to be settled and over in the 60 days after she filed, will this delay the case? What should he expect?
 

cuel677

Junior Member
Thanks everyone for the replies :D we appreciate it. the DA sent a cc of the Letter of Contest today to my bf and the wife, so we'll see what they definitely have to say.
 

CJane

Senior Member
Thanks everyone for the replies :D we appreciate it. the DA sent a cc of the Letter of Contest today to my bf and the wife, so we'll see what they definitely have to say.
Just so you know. Even if he's successful in getting divorced, he'll still legally be the father of this child.

§ 160.204. PRESUMPTION OF PATERNITY. (a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the child is born during the marriage;
(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
 

cuel677

Junior Member
Just so you know. Even if he's successful in getting divorced, he'll still legally be the father of this child.

§ 160.204. PRESUMPTION OF PATERNITY. (a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the child is born during the marriage;
(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
right, but they have intentions to wed when they are legally able to, and her boyfriend is going to be signing the birth certificate when the child is born. For some reason, i think that the letter of contest has to do with something else. I just don't understand how they could've found out she is pregnant. My mom told me that public assistance programs are private and they would need a subpoena in order to get those records. I'm just going to have to wait and see!!!
 

cuel677

Junior Member
What makes them think that will be possible?
well, they're able to wed once the divorce is final and they have waited the xamount of days necessary. and anyone can really sign a birth certificate.

my mom signed for both her and my dad on my date of birth when he was overseas working.
 

Ohiogal

Queen Bee
Texas

My boyfriend's wife recently filed a divorce petition on the 17th here in Brazoria County.
Okay so your boyfriend is committing adultery.

She filed a pro-se notice, the original petition, and an affidavit of inability to pay costs. On the 20th she gave him the waiver of service which he filed the same day. Last Friday we saw in the record online that the DA filed a Letter of Contest.
Okay.

They have been separated since 2009. They have a 4 year old daughter together and settled custody and child support concerns with the court and Texas OAG in May of '10. She is currently pregnant with her boyfriend that lives with her, but put on the petition that she has no other children and is not pregnant.

So she lied and committed perjury and your boyfriend is going to be a daddy legally to this baby she is carrying. Even if she is committing adultery as well. And your boyfriend is aiding her in doing so.

The trailer she lives in is under her name and paid for. When they first married (back when he was 17 and she was 16 in 2007) their parents gave them each half of the money to purchase the mobile home which had a lost title. It was agreed that when they paid their parents back that her father would transfer the title to both of their names. When they separated, he never paid her father and he put the title in HER name alone. She claimed on the petition that they had no property or vehicles. Although, my boyfriend isn't contesting the property, they actually did purchase that together while they were married even though it had a lost title.
So she lied about marital property and your boyfriend is aiding her in doing so by not filing a response.

She is currently on welfare and is receiving medicaid for herself, her unborn child, and their child they share (he has insurance through his father which doesn't cover their daughter since he doesn't have custody of her). She is unemployed, doesn't have any type of education other than a GED, and solely relies on her parents, or her boyfriend for support.
Why can't he insure HIS child on his insurance? Quite frankly what you stated does not make sense. You don't need primary custody to insure your CHILD.


What I'm getting at is, why would the DA file a letter of contest? Could it be for any of the false statements she made on the original petition? What does it mean and how could it effect their case? They both want this to be settled and over in the 60 days after she filed, will this delay the case? What should he expect?
He should expect that lying and knowingly aiding or allowing others to lie to the court is a bad idea. They will NOT get a divorce in the next 60 days unless she aborts her pregnancy. Glad to know your boyfriend doesn't care about lying to the court. Whatever works for him, huh?
 

Ohiogal

Queen Bee
right, but they have intentions to wed when they are legally able to, and her boyfriend is going to be signing the birth certificate when the child is born. For some reason, i think that the letter of contest has to do with something else. I just don't understand how they could've found out she is pregnant. My mom told me that public assistance programs are private and they would need a subpoena in order to get those records. I'm just going to have to wait and see!!!
Oh so your boyfriend is fine and dandy about the lies? Good to know. Be forewarned, your boyfriend is a liar. Don't be surprised if he lies to you.
 

cuel677

Junior Member
whew okay, so luckily the letter of contest was because his wife's affidavit of inability to pay costs was denied and she needed to pay the filing fee.
 

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