# What happens if I am never served with divorce papers?



## somuchinlove (Oct 10, 2011)

My H filed for D on Nov. 9 of this year. On Nov. 23, I found a card from the Sheriff's office on my front door. The next day was Thanksgiving and I worked everyday after that until yesterday. I called the number on the card yesterday and they told me that the D papers had been sent back to the District Clerk's office. I called the District Clerk and was informed that they will not try and serve me again. The Sheriff said he had been out to my house 3x and I could not be found.  I ask how was I supposed to get my D papers. They said the only thing they could do was provide a copy of the Petition (which I have to pay for). 

Today I got my copy of the petition. It was a big 3 pages. H left me everything which is wonderful but I am unclear on what the next step is in the D process :scratchhead: 

I did some research and it say that H has to have proof that I was properly served. There is no proof cause I was never served, and the copy that I picked up today was only a copy. I was not asked for ID or to sign anything. Does H have to have proof that I was served? Can the D just take place with out me being involved at all? I don't have money for an attorney. I have tried to contact a few for a free consultation and I am awaiting their replies as I type this. What should I do? Is there anything I can do or does H still have the burden of proving that I was served? 

I live in the great state of Texas if it makes a difference. Thanks in advance for the advice.


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## Almostrecovered (Jul 14, 2011)

does your husband have a lawyer? call his lawyer and ask him for the papers?


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## somuchinlove (Oct 10, 2011)

No H has no lawyer. We were trying to do everything ourselves. The big issue is that H is kind of being a child about the whole thing, i.e. laughing with his gf about our D and the trouble I am having obtaining the original petition. So I really don't feel comfortable talking to him about something so serious so I can be a form of humorous entertainment for H and his gf. Talking to him about this is out of the question.


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## SadSamIAm (Oct 29, 2010)

I hope you are looking after yourself. If he makes a fair amount more money that you and if you were married for a few years, you should be eligible for alimony. Also, if you have kids, he needs to pay child support.


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## somuchinlove (Oct 10, 2011)

No kids between us, although I have a daughter. He makes 5x more than I do but we were only married for 1.5 years together for a total of 7. I am taking care of myself and have plans to move back home in 20 days and counting. My only concern is what happens now in the D process. I am still waiting for the lawyers to get back to me, if they even are willing to give a little free advice.


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