Legal Question in Family Law in Texas

filed for divorce 1 year ago--attorney will not get me a date to finalize and each time I call his office with the same question, he charges me for the call and does not answer. Can I go to court myself and get this divorce finalized? I have used up the retainer fee and he just keeps trying to talk me into mediation that will cost me an additional 850.00 plus his fees. Everything is divided up between me and the spouse, just neee for the judge to set child support amount and finalize the divorce.

Thanks for any help


Asked on 12/02/09, 10:38 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Don't call his office anymore. Mail him a letter (send it certified - it will cost you about $5.50 for the postage) and tell him you want the case to be set for trial, and if he can't do that, he should withdraw immediately. Tell him you expect a response by date (give him a time deadline). If you don't get a response, file a grievance against him.

It is possible that the Judge in your case won't let you get a trial setting until you've gone to mediation.

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Answered on 12/07/09, 11:11 am
Fran Brochstein Attorney & Mediator

If you have not agreed on child support, then your case is NOT SETTLED.

You are usually required to go to mediation BEFORE a trial date is set in the State of Texas.

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Answered on 12/07/09, 1:28 pm


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