Legal Question in Family Law in Texas

Divorce Decree Counter Claim

Court date for divorce has come and divorce decree has been filed, however, there has been a counterclaim filed after the divorce decree was filed. The sixty day waiting period has been satisfied. What comes next? What is a counterclaim?


Asked on 4/20/06, 12:48 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Divorce Decree Counter Claim

A counter-claim means that the other spouse is also suing you for divorce. If you drop your lawsuit, his/her claim will still continue.

I don't understand by "the divorce decree has been filed". Just filing a divorce decree is not enough. The clerks are required to accept it but it only goes into the file.

The 61 day waiting period has been satisifed. Therefore, the divorce can be settled at any time.

Have you made arrangements to go to mediation?

If you don't have an attorney, you need one.

If you have one, talk to him/her.

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Answered on 4/20/06, 5:00 pm


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