Legal Question in Family Law in Texas

1st part of the question : There is a couple going through an uncontested Divorce in the State of Texas but the plaintiff keeps pushing the date back in order to get money every month from the respondent. The respondent wants the divorce done ASAP but the plaintiff's lawyer is"taking his time" to set another date. My questions are 1. What can the respondent do to get the date set ASAP? 2.How many times can the date get pushed back by the plaintiff?

2nd part: Also the respondant is in full aggreement with what is in the petition. The respondant has already went through bankruptsy but the plaintiff has now filed for chapter 7. 3. Can they set a date after the court date of the bankruptsy or do they have to wait untill the "final day for creditors" date? The court they will be going through is the 264th district court in Belton,TX. The plaintiff's lawyer is the one holding this all up along with the plaintiff. 4. what are the respondant's rights in all this?


Asked on 7/27/10, 8:30 pm

1 Answer from Attorneys
TC Langford Langford Law Office

If the respondent is trying to represent him/herself, the disadvantages of that should already be clear. If there is a signed, agreed order, then the Respondent can set a hearing date, and get a divorce. If there is not, then the Respondent needs to request a trial date and prepare for trial.

There are MANY exceptions, but generally they can get a divorce while the bankruptcy is pending, but the court may reserve some issues of property division until the bankruptcy proceedings conclude.

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Answered on 8/06/10, 8:04 am


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