Legal Question in Family Law in Texas
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?
2 Answers from Attorneys
It depends on the court you are in. Some courts have shorter dockets than others. Also, in some courts you can get on a standby docket so that the case might come up quicker. That being said, this case is NOT uncontested. This is an argument right here and there may be others.
Where is the Respondent's lawyer? If the Respondent wants the divorce as soon as possible, it can happen, by not contesting to anything the Petitioner wants. Respondent can set for trial, and the Respondent can agree to everything the spouse wants. If the Respondent wants a fair and equitable settlement, then Respondent's lawyer is bound to pursue those goals within the statutory and procedural requirements of the law, and the court's schedule. That is what a contested lawsuit involves, and sometimes can take years to resolve all of the differences, and complete all of the discovery. At that point it is ready for trial, and will be set according to the court's schedule.
If the Respondent is not represented by an attorney, then Respondent needs one to represent his interests in the lawsuit. Without someone who is knowledgeable about the procedures, the litigant will be at a severe disadvantage.