Shepherd, TX Divorce Law Firms & Lawyers

Nothing prevents him from "fling" to have the custody order modified to include what is commonly known as a "morals clause." Will he be successful? That depends on a number of factors.

An informal marriage may or may not require a divorce. There is a presumption that an informal marriage has ended or did not exist if no divorce suit is filed for a given period of time after the parties separate. There are too many unexplained facts in your question to provide a specific answer. I suggest you hire a lawyer.

I'm not sure that I have enough information to fully answer your question, but if he filed an answer with the court, then he has to have notice of the hearing date.  If he did not file an answer, then I would suggest you just schedule a time to prove up the divorce (I do not know Harris County procedures for this) and be done with him.  His telling you on the phone that he wants to contest the divorce is immaterial if he has not filed anything with the Court.  He is in default so long as he was properly served. I would suggest getting in touch with an attorney in your area if your husband answered the lawsuit because you do not want your husband holding the rest of your life hostage - at least until he gets out of prison. Good luck.