Where do you file for divorce when once spouse is in anther country?
01/12/2007 - Divorce - State: TX #374
My daughter (a U.S. citizen by birth) got married in July with a Pakistani. It was an arranged marriage because we thought the man was well educated, but it turned out to be a disaster. He married my daughter only to get a green card. We filed a petition for divorce, but it has already been withdrawn once we found out that there is no way my daughter can live with him for even one day. Can we file the divorce action in Texas? The spouse is in Pakistan and can not come to Texas. There are no children involved and neither of them have property to divide. The spouse has consented to the divorce but is delaying.
On the petition of either party to a marriage, the appropriate Texas court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
General Residency Rule for Divorce Suit
A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
a domiciliary of this state for the preceding six-month period; and
a resident of the county in which the suit is filed for the preceding 90-day period.
6.4035. Waiver of Service
A party to a suit for the dissolution of a marriage may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.
The waiver must contain the mailing address of the party who executed the waiver.
The waiver must be sworn but may not be sworn before an attorney in the suit.
The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.
6.408. Service of Citation
Citation on the filing of an original petition in a suit for dissolution of a marriage shall be issued and served as in other civil cases. Citation may also be served on any other person who has or who may assert an interest in the suit for dissolution of the marriage.
6.409. Citation by Publication
Citation in a suit for dissolution of a marriage may be by publication as in other civil cases, except that notice shall be published one time only.
The notice shall be sufficient if given in substantially the following form:
"STATE OF TEXAS"
To (name of person to be served with citation), and to all whom it may concern (if the name of any person to be served with citation is unknown), Respondent(s), "You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10 a.m. on the Monday next following the expiration of 20 days after you were served this citation and petition, a default judgment may be taken against you. The petition of __________, Petitioner, was filed in the Court of __________ County, Texas, on the ______ day of __________, against __________, Respondent(s), numbered ______, and entitled In the Matter of Marriage of __________ and __________. The suit requests __________ (statement of relief sought).' "The Court has authority in this suit to enter any judgment or decree dissolving the marriage and providing for the division of property that will be binding on you. "Issued and given under my hand and seal of said Court at __________,
Texas, this the ______ day of __________, ______.
Clerk of the __________ Court of
____________ County, Texas
By _______, Deputy."
The form authorized in this section and the form authorized by Section 102.010 may be combined in appropriate situations.
If the citation is for a suit in which a parent-child relationship does not exist, service by publication may be completed by posting the citation at the courthouse door for seven days in the county in which the suit is filed.
If the petitioner or the petitioner's attorney of record makes an oath that no child presently under 18 years of age was born or adopted by the spouses and that no appreciable amount of property was accumulated by the spouses during the marriage, the court may dispense with the appointment of an attorney ad litem. In a case in which citation was by publication, a statement of the evidence, approved and signed by the judge, shall be filed with the papers of the suit as a part of the record.
702. Waiting Period
The court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack. A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally.
6.701. Failure to Answer
In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer.
Rule 15 Service of Process
Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served may be served by delivering a copy to the party to be served, or the party's duly authorized agent or attorney of record, as the case may be, either in person or by agent or by courier receipted delivery or by certified or registered mail, to the party's last known address, or by telephonic document transfer to the recipient's current telecopier number, or by such other manner as the court in its discretion may direct. Service by mail shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service. Service by telephonic document transfer after 5:00 p.m. local time of the recipient shall be deemed served on the following day. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail or by telephonic document transfer, three days shall be added to the prescribed period. Notice may be served by a party to the suit, an attorney of record, a sheriff or constable, or by any other person competent to testify. The party or attorney of record shall certify to the court compliance with this rule in writing over signature and on the filed instrument. A certificate by a party or an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from offering proof that the notice or instrument was not received, or, if service was by mail, that it was not received within three days from the date of deposit in a post office or official depository under the care and custody of the United States Postal Service, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just. The provisions hereof relating to the method of service of notice are cumulative of all other methods of service prescribed by these rules.
Citation and other notices may be served anywhere by (1) any sheriff or constable or other person authorized by law or, (2) by any person authorized by law or by written order of the court who is not less than eighteen years of age. No person who is a party to or interested in the outcome of a suit shall serve any process. Service by registered or certified mail and citation by publication shall, if requested, be made by the clerk of the court in which the case is pending. The order authorizing a person to serve process may be made without mitten motion and no fee shall be imposed for issuance of such order.
Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by
delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
Upon motion supported by affidavit stating the location of the defendant 's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service
(1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit.
Rule 108A Service of Process in a Foreign Country Manner.
Service of process may be effected upon a party in a foreign count if service of the citation and petition is made:
in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or
as directed by the foreign authority in response to a letter rogatory or a letter of request; or
in the manner provided by Rule 106; or
pursuant to the terms and provisions of any applicable treaty or convention; or
by diplomatic or consular officials when authorized by the United States Department of State; or
by any other means directed by the court that is not prohibited by the law of the country where service is to be made. The method for service of process in a foreign country must be reasonably calculated, under all of the circumstances, to give actual notice of the proceedings to the defendant in time to answer and defend. A defendant served with process under this rule shall be required to appear and answer in the same manner and time and under the same penalties as if he had been personally served with citation Within this state to the full extent that he may be required to appear and answer under the Constitution of the United States or under any applicable convention or treaty in an action either in rem or in personam.
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01/12/2007 - Category: Divorce - State: TX #374
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