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Go Back   Freemason Hirams Travels Masonic Forums > Family & Relationships > Marriage & Divorce

Marriage & Divorce Marriage & Divorce

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Old 04-14-2008, 03:04 AM
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Is there a way to get a divorce done without the waiver of citation?

My boyfriend has been seperated from his wife for 3 1/2 years and she still has not gave him a divorce yet. The divorce is active in the court. We live in Texas. She did sign the Final divorce decree but will not sign the waiver of citation and will not show up to court. I have no clue where she lives I know in Texas but not sure where. I can not serve her papers due to the fact I have no clue where she is at. Is there another way to get the divorce without the waiver of citation or going to court? Can we do it by publication or any other way? He does not have a lawyer he is representing himself.
I have been with him for 3 years so I would say I'm involved. another thing he was the one who asked me to write this. I have been dealing with all of this so if I wanna ask a question I believe I have the right to do so.
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Old 04-14-2008, 03:04 AM
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your boyfriend... who should not have a girl-friend until after the divorce is finalized....... should be talking to his lawyer.... if he is concerned about this.

just like I don't deal with parents about their childrens weddings.... I can't really talk to girlfriends.... about their boy-friends divorces....

this is not for you to be concerned about..... he needs to get it taken care of.
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Old 04-14-2008, 03:06 AM
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I'm not sure what a Waiver of Citation is.

However in the US if you are to be sued you are entitled to due process, and that means you are entitled to be aware there is a proceeding against you. Normally that means you are entitled to a COMPLAINT and a SUMMONS stating (1) what the other person wants, and (2) where the jurisdiction of the matter is.

Absent personal service, if certain conditions are met, yes service by Publication is an option. That just means (usually) you don't know where the person resides, and based on the last known address and a "due diligence" search of all the public records (drivers' license, voting records, internet search) you don't know where they reside. That way, you can get relief before the tribunal without the knowledge of where the other party lives. This is usually attested to by the Plaintiff (your boyfriend) in an Affidavit so it carries the weight of an oath subject to purjury if he's lying.

Get a lawyer. Usually just $1000 for a simple matter plus court and publication fees... that's a relief for those of us who are not savvy to this or that legal term and place to go and call. Consider helping him find ways to get $1000 or whatever it takes (just look in your want ads for attorneys for uncontested or published divorces).

Good luck.
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