QUESTION
Can I file fore divorce if my wife who has already filed for divorce fail to request for the hearing?
Asked on Mar 19th, 2013 on Divorce - Texas
More details to this question:
My wife filed for divorce and I responded. She has to request the hearing and has not done so yet. How long before they throw the case out of the court? We are filing for an unconditional divorce and both agree to the terms.
6 ANSWERS
If you are in agreement, then a hearing is not necessary. Your agreement should be reduced to writing, signed by the parties and then presented to the court for inclusion in a judgment. You should consult a family law attorney for assistance in preparing the appropriate documents.
Answered on Mar 19th, 2013 at 3:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally you will have to go forward with the case which is already filed and answered. Is your now party to which you can motion up for the hearing. Obviously not understand the procedure and therefore should at least buy an hour or two of an attorney's time and get an outline as to what you must do.
Answered on Mar 19th, 2013 at 2:36 PM
John Arthur Smitten
Use the same case number and file a counter-petition.
Answered on Mar 19th, 2013 at 1:17 PM
Don't do that. Simply ask for a hearing in the case your wife filed.
Answered on Mar 19th, 2013 at 1:17 PM
Carolyn Roschelle Jones
You can just file a motion to set for hearing.
Answered on Mar 19th, 2013 at 1:17 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You are entitled to ask the court to set a trial date. I suggest you hire a lawyer.
Answered on Mar 19th, 2013 at 1:16 PM