Legal Question in Family Law in Texas

cancel divorce process

a husband filed petition fordivorce first and was counterclaimed/sued by the the wife has second thought of going through the process. would the divorce still be final since the husband had first already filed it.can the wife delay the process. there are minor kids involve and the husband filed uncontested divorce.thanks.

Asked on 6/24/05, 10:20 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: cancel divorce process

Here are the facts as I understand them:

One spouse sued for divorce. Then the other spouse sued for divorce. The divorce is still pending.

Each spouse can only cancel the divorce he/she filed.

If one spouse stops their portion of the divorce lawsuit, they cannot stop the other portion of the lawsuit filed by their spouse.

In other words, both parties must dismiss their lawsuits in order to stop the divorce.

Can wife delay process? She can delay the divorce but she cannot prevent it. Eventually in Texas the Judge will grant a divorce. The State of Texas will not make you stay married if one party does not want the divorce. In Harris County they no longer send people to counseling, since it did not work if the parties were not willing to commit to counseling.

Good luck!

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Answered on 6/24/05, 11:16 am

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