My spouse will not respond to the divorce.

Questions?Category: QuestionsMy spouse will not respond to the divorce.
txdivorce Staff asked 2 years ago

What should you do if your spouse will not respond to your petition (i.e. request for divorce)?

1 Answers
txdivorce Staff answered 2 years ago

If you file for divorce and give proper notice to your spouse, but he/she fails to file a response, the court can grant the divorce by "default". This kind of divorce is also considered "uncontested" and thus you may be able to use do-it-yourself divorce forms.

You'll have to prove to the court that the non-filing spouse (the respondent) received notice of the divorce. An email or text is not sufficient. You must have a constable, or authorized server, personally deliver the petition to the respondent. Once the respondent is served, the server will file an "Affidavit of Service" with the court.

Alternatively, your spouse may waive service by signing a Waiver of Service. The judge will only grant a divorce by default if a Waiver of Service or Affidavit of Service has been filed with the court.

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