How to obtain divorce when spouse refuses to appear in court?

[sandyclaus]

What is the name of your state (only U.S. law)? Texas

I am asking this question on behalf of someone else.

They are seeking a divorce from their husband, who left them almost 4 years ago, and who is now living with another woman who is expecting their child.

The husband is not missing, but refuses to respond to any court papers nor appear in court. The case was recently dismissed due to husband's refusal to appear.

I know that one can do a divorce "by publication", but only if the other spouse is missing or refuses service of process. However, this does not apply here, and the husband is NOT missing and wife knows exactly where he is and how to find him.

What does the woman do from here in order to obtain the divorce without her husband's cooperation?

 

[davidmcbeth3]

From what you posted .. I don't think you know all the facts about the dismissal or the case filings.

Because a refusal to appear usually leads to a default judgment, not a dismissal.

 

[garrula lingua]

It sounds as though the court dwop'ed her case.

If a case remains on a Judge's docket for too long, the Judge will put it on a dwop docket, and the attorney/party has to appear and explain why they have not scheduled it for a hearing/trial/final Decree.

Dwop= dismiss for want of prosecution.

Your friend only has to have him personally served with the Petition and Citation (if she represented herself, the court probably served him ??).
After having him served and waiting the appropriate time (monday following the 20th day after service, but make it later to allow Respondent extra time), then Mom can go forward with a default hearing.


She still has to 'prove up' jurisdiction and guideline child support, property distribution, etc. -- the Court can refuse to sign Mom's Decree if it is incorrect or Judge disapproves as an equitable distribution of assets.

If her case was dismissed by the Court, she can file a Motion to reinstate the case (if it wasn't too long ago) ... That would save her paying another filing fee & serving him again if it was done already.

PM me if you need help.

 

[sandyclaus]

It sounds as though the court dwop'ed her case.

If a case remains on a Judge's docket for too long, the Judge will put it on a dwop docket, and the attorney/party has to appear and explain why they have not scheduled it for a hearing/trial/final Decree.

Dwop= dismiss for want of prosecution.

Your friend only has to have him personally served with the Petition and Citation (if she represented herself, the court probably served him ??).
After having him served and waiting the appropriate time (monday following the 20th day after service, but make it later to allow Respondent extra time), then Mom can go forward with a default hearing.


She still has to 'prove up' jurisdiction and guideline child support, property distribution, etc. -- the Court can refuse to sign Mom's Decree if it is incorrect or Judge disapproves as an equitable distribution of assets.

If her case was dismissed by the Court, she can file a Motion to reinstate the case (if it wasn't too long ago) ... That would save her paying another filing fee & serving him again if it was done already.

PM me if you need help.

Got it. I'll follow up if I need something further.

Thanks a bunch!