My question involves a marriage in the state of: TEXAS
I have filed for divorce and served my husband personally and he has defaulted.
The divorce involves a minor child. I will be named sole managing conservator and he shall have no right to possession or access unless mutually agreed upon in advance (domestic violence with court ordered protection, zero contact with the child for the past 8 years, he has defaulted when I asked for this in my petition, and I have a temp order to this effect already). No support will be ordered due to lack of personal jurisdiction over my soon-to-be-ex according to the UISFA.
I do not have a lawyer and am writing the final decree myself. There's only one point I'm really hung up on:
The TX family code says that the final decree must include personal information for all parties including SSN, Driver lisence number, home address, etc. in any suit affecting the parent-child relationship.
Ex has been basically MIA for the past 7/8 years. I do not have any of his personal information beyond a mailing address (his sister's address). He has been wholly uncooperative with giving me any information. (No idea why, so please don't ask me.) I haven't had any luck finding it on my own so far.
It seems that the court either wants to order him to give his personal information and keep it current OR they want to decide that he would be in danger if he did.
Q: Can they order him to do this without personal jurisdiction over him?
I just don't know how to word the final decree if they can. As it stands I just put what little information I have and stated the rest as unknown and put the required warning, "EACH PERSON WHO IS A PART TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT REGISTRY OF ANY CHANGE IN THE PARTY’S: [personal information]..."
The way it is worded sounds like it is his responsibility to provide this information. Could I have the decree signed as-is (without all of his information) and then just let him deal with complying with the order by supplying the information after the fact? Or will I not be able to get divorced without knowing all of his personal information first....because that would be a real problem....
These are the options in my mind:
-The court can not order him to provide his personal information without personal jurisdiction over him and this should be left out of the final decree altogether.
-The court can order him to provide his personal information. I should provide what I know and leave the rest in his hands once the decree is signed by the judge and the order goes into effect.
-The court can order him to provide his information AND it needs to be part of the final decree in order for the judge to sign it. :(
Does anyone know what to do here?
(Please don't say hire a lawyer. I can't afford one and have been turned down for legal aid twice.)
I have filed for divorce and served my husband personally and he has defaulted.
The divorce involves a minor child. I will be named sole managing conservator and he shall have no right to possession or access unless mutually agreed upon in advance (domestic violence with court ordered protection, zero contact with the child for the past 8 years, he has defaulted when I asked for this in my petition, and I have a temp order to this effect already). No support will be ordered due to lack of personal jurisdiction over my soon-to-be-ex according to the UISFA.
I do not have a lawyer and am writing the final decree myself. There's only one point I'm really hung up on:
The TX family code says that the final decree must include personal information for all parties including SSN, Driver lisence number, home address, etc. in any suit affecting the parent-child relationship.
Ex has been basically MIA for the past 7/8 years. I do not have any of his personal information beyond a mailing address (his sister's address). He has been wholly uncooperative with giving me any information. (No idea why, so please don't ask me.) I haven't had any luck finding it on my own so far.
It seems that the court either wants to order him to give his personal information and keep it current OR they want to decide that he would be in danger if he did.
Q: Can they order him to do this without personal jurisdiction over him?
I just don't know how to word the final decree if they can. As it stands I just put what little information I have and stated the rest as unknown and put the required warning, "EACH PERSON WHO IS A PART TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT REGISTRY OF ANY CHANGE IN THE PARTY’S: [personal information]..."
The way it is worded sounds like it is his responsibility to provide this information. Could I have the decree signed as-is (without all of his information) and then just let him deal with complying with the order by supplying the information after the fact? Or will I not be able to get divorced without knowing all of his personal information first....because that would be a real problem....
These are the options in my mind:
-The court can not order him to provide his personal information without personal jurisdiction over him and this should be left out of the final decree altogether.
-The court can order him to provide his personal information. I should provide what I know and leave the rest in his hands once the decree is signed by the judge and the order goes into effect.
-The court can order him to provide his information AND it needs to be part of the final decree in order for the judge to sign it. :(
Does anyone know what to do here?
(Please don't say hire a lawyer. I can't afford one and have been turned down for legal aid twice.)
Divorce: Spouse's Personal Information (Ssn, Dl, Etc.) Needed to Get Divorced
Aucun commentaire:
Enregistrer un commentaire