My husband is in Texas and I am in California, can I get divorced in Texas even if i didn’t sign anything or get served?

He should not be able to divorce you without serving you unless he lied to the court, said he does not know your whereabouts and published the notice regarding the divorce in a newspaper. I would ask him for the case information in Texas and check on it on line.

I agree you probably need the help of a family law attorney as you are now dealing with another state. You should contact the local county bar association where you live. Many of the bar associations offer referral services for attorney who accept low income or pro bono cases. You might also check with the California State Bar Association's website for referral information.

You need to obtain an attorney in Texas immediately to deal with the possible default in Texas. If you were not served properly, then the Judgment should be voidable, but laws differ between the states. It is important to make sure that you either prevent or set aside any default taken against you. You will likely not find a pro-bono attorney but if you call the bar association in the county where the case is located, you should be able to find a reasonably priced and experienced attorney. It may be possible through them to find a pro-bono attorney as well, but I wouldn't count on it. As for custody, Texas does not have jurisdiction to make custody orders if you and your son live here in California. Additionally, you should be entitled to child and spousal support here in California and should seek those orders as soon as possible.