Divorce in Texas

[cdiaz1]

Hi, I'm a US service member currently stationed in Korea. My wife is currently at Fort Hood, Texas. I'm writing you because my lawyer is virtually unreachable and his assistant doesn't know the answers to any of my questions.

I filed a petition for divorce with the courts in Texas on 27 March 03. They were unable to serve my wife with the petition until 22 April 03. She had 20 days to file a response and has done so. While my lawyer didn't make an attempt to schedule a court date, hers has. I have a temporary hearing scheduled for 04 June 03. I'm not sure if I can make this date being as I am stationed overseas.

I don't want to drag this issue out any longer but I do want to know if my attendance is absolutely necessary or if my lawyer can represent me there. Also, she has sworn to drag this out as long as she can. So, my second question is, since I don't want any of the property and the judge is basically going to determine financial support at the temporary hearing, would it be possible for him to grant me the divorce upon being informed of my situation and the fact that no property is in dispute. I'm being told that I will also have to attend the final hearing, this may not be possible. I am in the military and can't just take off when I please - even for court dates.

If you can please answer these questions and offer any advice it would be greatly appreciated.

Thank you

Carrigan Diaz

 

[kdowd771]

Well have I got news for you!!! I am in the military also and my psychotic not yet ex wife wants to drag the divorce out as long as possible. So far she has been very successful. This case has no kids, very little assests and a huge amount of debt. Well we had a final hearing back on Sep 12 2002. A few days prior she drops money for a jury trial!!! Yep a jury trial. Unbeleivable!!! It is your right in Texas to have a jury trial for a divorce. So here I am 8 months later and $8,000 in debt and I still do not have a date set. She is supposedly wanting to call 47 witnesses from out of state. All sorts of things are being done to drag this case out. From her dictating what days she is available for mediation to her cancelling at the last minute to asking, and getting!! a continuance.

Word to the wise if you can settle it then do it!! if someone wants to drag it out then you don't know when it will end.

A month before she put the jury fee down she wanted $10,000 and all the personnel property. I about puked when she said that. Well 9 months later and $8,000 in lawyers fees and over $11,000 in court ordered mortgage payments. That $10,000 looks cheap!!! And I am not done spending money on all this because we have not had our jury trial yet!!! At an estimated cost of between $5,000 -$10,000++++. Yep buddy settle it if you can.
BTW I have had to file Bankruptcy over this whole ordeal. Yea the military loves that also. But what choice do you have??

Becareful and definety get a lawyer you can talk with or at least a friend who you trust that will help you with things.
Will the military send you home based on hardship?? I am in the AF and I know things can be done in extenuating circumstances.

Good luck.