Legal Question in Family Law in Texas

Texas Divorce

Out of the blue while i was at work i get Divorce papers from my wife. Needless to say it suprised me heck out of me. I called her and asked her why and she says it because of lack of personality...I want our marraige to work out. she visited the attorney on the 2nd of Feb on the 15th of feb we had sex.. on the 16th of Feb i was served...that night i spent the night at a friends house and my wife came over.. we talked and i feel that she might be going though Post Perdam Depressing.. I love my wife very much and do not want to get a divorce. we have 2 kids ( 1 is 3 years old boy second is 3 month old girl) I Love my wife and my children.. Does a judge have to grant a Divorce? Or can i request the judge to order us family theropy?


Asked on 2/18/06, 11:37 pm

2 Answers from Attorneys

Re: Texas Divorce

She is entitled to file a divorce in Texas and if she can prove her case, then it will likely be granted.

Are there some issues? It sounds like there are and it would be good to try to talk it through like civilized persons. However, there seems to be some issues that you and she should resolve to determine if a divorce will fix the problems.

Understand this, if this divorce goes through you need to keep in your mind that no matter how it turns out you will always be there for your kids and their mom, in case they need you. You sound as if you have a sincere love for her and your children, do not let the fact that she wants a divorce diminish or change those feelings. Some people will tell you that you can never be friends with your ex, that is a myth and not a fact (always remember that, those are the same type of people who said we would never walk on the moon). Will there be some hard times? Sure. Will there still be some great times? Absolutely. The time you have spent together and moments that you have shared make for a wonderful friendship.

A divorce can go smoothly or it can become vicious. No matter what her and her attorney do/say you have to rise above it all and not let ANY of it get the better of you. A divorce proceeding is merely a business process. There is a time and place for emotion and your attorney and the judge will appreciate everyone professionalism throughout the entire process.

No matter what you may think, you need to speak with an attorney. I say that because she has retained an attorney and he/she was hired to help with a divorce and to make sure his client gets a "just and right" division of the community estate. He/she has no feelings regarding your welfare, you need a buffer and someone to help make sense of all this.

Most importantly, understand you have been served with legal documents and YOU ARE UNDER A TIME DEADLINE to file and answer to the lawsuit or have your attorney file it on your behalf. It is important that you understand this is a short deadline and you need to find an attorney soon.

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Answered on 2/19/06, 1:36 pm
Fran Brochstein Attorney & Mediator

Re: Texas Divorce

I agree with Neil.

I strongly urge you to run -- don't walk -- to an attorney that can assist you.

If you do nothing, she can be granted a default divorce. The cost of doing nothing then asking for a new trial is very expensive!

The only obligation of her attorney is to let you know that a lawsuit has been filed. Yes, a divorce is a lawsuit.

If she says the divorce has been non-suited, be sure to check the court's file to make sure the judge has signed the non-suit.

If you want to protect yourself and your children, you need an attorney badly!

www.familylaw4u.com

Fran Brochstein

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Answered on 2/19/06, 5:49 pm


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