QUESTION
What can I do if my wife filed divorce without my knowledge?
Asked on Jan 10th, 2014 on Divorce - Texas
More details to this question:
I was married 9 yrs and left my family due to heavy drinking and felt not good enough for wife. I was gone for 2 months and she had moved the neighbor kid 12 yrs younger than us. I found a recovery place and let her know I was trying to get well. She runs an attorney support service business and she knows the in and outs to cover her tracks. I never got served divorce papers and found out by parent’s caller ID that her last name changed. I searched and found the divorce case and I had no clue she did that. I lost my custody of our son and the day she claims I was served was a day when she had called the police and they came and talked to me, trying to make me leave. If she were to serve me would you think it would be with witnesses? She claims her now husband served me the same day the police were at our old house. She runs a process serving business that she started in 1991 and is a public notary. I was in a program for 3 yrs thinking we had a chance and found out she got married. We have a 6 yr old boy and she has full custody. I don't know what to do? Please help?
5 ANSWERS
File a motion to modify the custody issue and request an emergency mediation.
Answered on Jan 14th, 2014 at 10:18 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Talk to an attorney, You need to file papers in the Divorce court as soon as possible. There is a limited amount of time to assert fraud or lack of service of process. The case can be reopened, Wife sanctioned.
Answered on Jan 13th, 2014 at 10:38 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You could challenge the divorce based on fraud, but that will be difficult to prove, especially if you were drunk at the time. If you can't get the divorce overturned, you can file a motion to modify the custody arrangement based on a material and substantial change in circumstances. But if I were your lawyer, I would tell you to only do that if you are clean and sober and have been that way for a long period of time. You need to talk with a local attorney about the details.
Answered on Jan 13th, 2014 at 10:38 PM
Personal Injury Attorney serving San Antonio, TX
at
Law Offices of James P. Peterson
Update Your Profile
If it has been less than four years since the decree you might be able to overturn some of the orders, but regardless of how long it has been you can modify the orders with respect to the children at any time.
Answered on Jan 13th, 2014 at 10:37 PM
Civil Litigation Attorney serving Dallas, TX
at
Ginsberg & Associates
Update Your Profile
If the divorce were a few years ago then the best bet would be to file s motion to modify. You could try to contest service through a bill of review but from your email it appears several years have gone by. A lawyer will help you walk through the necessary procedures.
Answered on Jan 13th, 2014 at 10:36 PM