Legal Question in Family Law in Texas
Expiration of divorce filing
My son filed for divorce in July 05. They are negotaiting through collaborative law. My son received notice to appear in court in April. His lawyer said that it is a formality since the courts have not heard back from them. If they do not respond, is the divorce filing null and would they then have to re-file and wait another 60 days before the divorce can be finalized?
Thanks
1 Answer from Attorneys
Re: Expiration of divorce filing
It probably IS a formality. I do not practice in your county, so am not familiar with the local practice and procedure. In our county, the courts will periodically place a case on the docket to ensure that there is progress being made, and that it has not become dormant.
There is no reason to believe that the case will dismissed. Your son should ask the attorney to provide some documentation that the court is aware of the collaborative law progress, and that the case is not dormant.