No two divorces are the same, and your situation is unique, especially when high-value assets are involved. No matter your circumstances, an experienced divorce lawyer can help. Read more to learn about your options.
Your options for an amicable divorce
Texas allows couples who agree to the terms of their divorce to use an uncontested divorce process. You must meet residency requirements for your state and county before filing documents with the court. As long as there is agreement on all issues at stake, this is a viable option even if children or jointly owned property or assets are involved.
The risk with uncontested divorces is that you may not obtain all to which you are entitled in the divorce. If your spouse has hidden assets or is not completely honest about his or her financial situation, you may leave money on the table - money you and your children may need to secure your future.
If you and your soon-to-be ex-spouse are not in agreement on all issues, you will need to proceed with a contested divorce process.
What to do when your spouse opposes the divorce
You do not have to stay in limbo if your spouse refuses to sign divorce papers, or does not respond or appear in court after being served. You can get a divorce even if your soon-to-be ex-spouse doesn't want one.
In this type of situation, it is vitally important to secure proper service (of the petition for divorce) on your spouse. Complete failure to respond can result in a default judgment. Refusal to sign will require you to set your divorce for trial. The final decision will then rest with the judge or jury.
When your spouse cannot be found
When a spouse is missing, cannot be located or is dodging service, the divorce process can become more complicated. The preferred means of service is in person. If that is unsuccessful, service by certified mail may be used. However, your spouse must be the person who signs the postal delivery receipt - no one else can accept it for him or her.
Once it has been proven to a judge that you have been unable to locate or serve your spouse, you may obtain a divorce by publication. Your attorney will help you conduct a "diligent search" and prove to the court that your spouse cannot be found.
No matter your situation, an experienced divorce attorney from the law office of Nix|Poet can provide you with skilled legal guidance. Don't forgo your rights. Seek the advice of a lawyer.