Legal Question in Family Law in Texas
counter-petitioner rights
Back in January of this year I filed for divorce. At first my husband wanted to reconcile but now he wants the divorce. Now I'm the one who wants to reconcile. I'm thinking of dismissing the divorce suit, but I believe that he is going to counter-petition the divorce. If this happens can I still drop the divorce. Is there anything that I can do (or that the courts can order) to help us reconcile. We have two small babies.
2 Answers from Attorneys
Re: counter-petitioner rights
Talk to him... Go to a marriage counselor or a counselor associated with a church. It takes give and take to make a marriage work. Look at child support and visitation issues and see if that is how y'all really want to live. You can find some general information at my web site.
http://www.reasonable-doubt.com
Re: counter-petitioner rights
If your petition is the only petition on file, you can ask for the case to be dismissed.
If your husband files a counter-petition, you can dismiss your portion of the case but his portion will continue.
If he files a counter-petition for divorce and then changes his mind and does not want the divorce either, you can file a joint motion to dismiss.
Call me if you have any other questions.
Fran Brochstein
713-847-6000
www.familylaw4u.com
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