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Divorcing an Incarcerated spouse in Texas

Discussion in 'Divorce, Separation, Annulment' started by blknpina85, Jul 6, 2013.

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  1. blknpina85

    blknpina85 Law Topic Starter New Member

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    Hello all,

    I made the dumb mistake of meeting a man WHILE he was in prison, and marrying him WHILE he was in prison. I live and have always lived in the state of Texas my entire life. My spouse is from and is locked up in Ohio. We married in 2010, two years into his 8 year sentence, and after the hell of being used for my money and his unrealistic expectations of my "wife duties" while he is locked up laying around not doing a damn thing. I have finally made the decision to go through with a divorce.

    Since he is incarcerated, I served him with a divorce petition from my local county here in Texas, but because Im doing this pro se, I wasn't sure all of what documents to send him...since he obviously is in locked up in another state he cannot appear to court nor do I have easy access to retrieve signed documents for him, so because I did an online divorce where I answered questions and it generated all of my paperwork, I sent him the petition plus the final decree all at once to sign..and also a "Marital Settlement Agreeement" which i now i haver learned AFTER he has been served, wasn't even necessary to send him nor necessary to even fill out all I could of sent was just the petition...well because in that settlemet agreement it states no spousal support will be exchanged, etc. He has now responded to an answer to my county's clerk office stating he disagrees with the petition and the documents and that he wants SPOUSAL SUPPORT (this is was answered in a handwritten jailhouse letter from him, he has not filed a counter petition). First of all we never consummated the marriage nor cohabitated before or during the marriage.

    The clerks at my county are so unhelpful, I understand they can't give legal advise but they refuse to put in the direction i need to go in since my situation is not normal.

    I was told since the county received an answer from him within the 20 days, and he is disagreeing, my divorce is now considered CONTESTED, and that I need to schedule a hearing/trial.

    Texas has a 61 day waiting period...I filed 2 weeks ago, and from what I understand a trial cannot occur until after that 61 days is over..my question is if he doesn't FILE (which includes a fee) a counter petition stating what he wants, or if he doesn't appear in court for the hearing/trial, is my divorce still eligible for a "DEFAULT JUDGEMENT"?

    This was was short term marriage, no kids, we never lived together, never slept together, and the incarcerated spouse NEVER contributed to the marriage.

    Please someone help me and let me know if this inmate can really get spousal maintanence like he is asking for....and will my divorce linger on for months or years because he doesn't appear to the hearings?? I want to be done with this guy before his release in 2.5 years because he has also threatened to harm me if I leave him...I just want to move on. I thought I could influence this man to be a better man, I believed all the bull he told me, well after being married for only 2 years, I realized it was all so he could have guranteed commissary and a place to parole to when he got out...BIG MISTAKE....smh.....

    I have read around online that in Texas to be eligible for spousal maintanance you must be married for at least 10 years for it to be considred, but that exceptions could be made in certain cases....I'm in fear this convicted felon would actually be granted it!

    If there is anyone in Texas who is very familiar with the law, your help would be greatly appreciated.
     
    Last edited: Jul 6, 2013
  2. Betty3

    Betty3 Super Moderator

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    You might want to talk to a divorce attorney. "Hold" though & someone here may come along with some information for you.
     
  3. army judge

    army judge Super Moderator

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    No worries, OP, as this mooch can't and won't appear, but you will. His stupidity lengthened your time to be freed a few days, but you'll soon shed this creep. You simply appear when the hearing is scheduled, he won't and can't. You'll prevail because he defaulted. Don't be discouraged either, he would never be able to get spousal support.
     

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