Can she refuse to sign?

Thr08wayNow · 2025-02-11T21:23:45+00:00

Texas lawyer here, served thousands of defendants and respondents, many who absolutely dodged process.

She doesn’t have to sign anything if the papers are placed in her hands. Your processor could drop them at her feet.

Typically people will waive citation if represented. Even if not lawyered up, your lawyer will prepare a letter with a waiver asking that they agree, sign and return using SASE for return.

If they insist on personal service, which is their right, the processor signs and files a return of citation to prove service, which starts the period for her response.

Three failed attempts and you can pursue substitute service under Rule 106. You can be very creative here.

There are provisions for serving transient persons as well.

Publication service, service by notice in a paper of record, is clunky and usually unnecessary.

EnvironmentalCod9871 · 2025-02-11T14:37:00+00:00

I am in Texas also. If she hide from the process server, the notice to divorce is posted in a public forum (newspaper) and the divorce goes on. She can not force you to stay married to her, thanks to the 13th amendment.

pk2at · 2025-02-10T21:47:57+00:00

That's actually good for you, it'll delay the process but you can definitely get a better result

Boomhower113 · 2025-02-10T20:34:31+00:00

In a Texas, too.

She won’t have to sign anything when the process server serves her. He’ll either be wearing a GoPro, or can fill out an affidavit that she has been properly served.

Part of his job is to track her down and those guys can get pretty clever. Plus, there are some consequences to her ditching the process server for too long. Judges don’t like bullshit games like that.

vwaldoguy · 2025-02-10T18:31:55+00:00

Yes, you can still proceed with a divorce by notice process. Basically, they have to put a notice in the newspaper or on the court’s website to notify your ex of the proceedings. And if she doesn’t show up in court, then you typically get some sort of a default judgment.

RichardCleveland · 2025-02-10T18:30:23+00:00

Sure, she can. But she can't stop the divorce process by doing so, it's always in people's best interest to go through the motions like a normal person. As if they don't, you can simply get a "default divorce", which excludes their settlement input.

Title	Can she refuse to sign?
Author	Lonely_Panda4322
Upvotes	5
Comments	12
Date	February 10, 2025 6:19 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1imcxem/can_she_refuse_to_sign/
Archive Link	https://theredarchive.com/r/Divorce_Men/can-she-refuse-to-sign.1543493 https://theredarchive.com/post/1543493

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