Legal Question in Family Law in Texas

I am in need of some advice. I have been married for almost 2 years and we have been together for almost 4. Two and half weeks ago she left and moved everything out stating that she doesn't think either of us are happy together. A little background is that we have been having some financial issues and we have both been very stressed. We are both 23 and still love eachother, but I think the stress of moving to a new state and getting new jobs has emotionally and physically stressed us out. She has moved in with her sister about 12 miles away whose husband is a lawyer and representing her in this case. I feel she is being coached through this whole process and is not thinking clearly, and merely acting on her emotions. I feel all we need is a bit of marriage couseling. I received a waiver of service and I am scared that if I sign it I will not be able to go to court with her and speak on my behalf. My question is, is what are the chances that the judge will not grant this divorce and reccommend therapy or something to that effect?


Asked on 9/24/09, 10:23 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

1. Don't sign the waiver. File a pro se answer. Mail a copy to her lawyer.

2. A judge won't order counseling for the purpose of keeping a marriage together. It just isn't done. I have seen a case where a judge ordered a counselor to make a report as to whether or not there was any hope of reconciliation (where "no hope of reconciliation" had been alleged), but that was the only purpose for which the counselor was appointed.

One tactic that you could engage in (it would require you to spend some money) is to hire a lawyer and send her some pre-trial discovery, followed by a deposition notice. This would delay the final hearing. At the deposition, your lawyer can ask her all about her reasons for wanting the divorce, whether or not she believes that reconciliation is possible, whether or not she's thought about a counselor, etc.

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Answered on 9/29/09, 6:15 pm


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