Legal Question in Family Law in Texas
Conflicting petitions?
My husband filed an original petition well over a year ago and hasn't done anything since Jan. '06. I am so very ready to be done with this, but cannot push ''his'' petition. An office worker (Dist. Clerk) told me to file in my County of residence and then send them a copy of the Final Decree (assuming he wouldn't respond-I have no clue where he has been since mid '05). Can I file my own petition? Do I have to wait the several months until his is void? I should be able to post or publish since there are no children nor undivided property. Any help would be appreciated. I have looked through the Texas Law Library, but not sure where to find this answer.
1 Answer from Attorneys
Re: Conflicting petitions?
Have you considered filing a counterpetition to his petition? Without knowing more about your case, I could not be sure, but I would think you could then get divorced immediately because the sixty days has long since run.