Legal Question in Family Law in Texas

Filing for divorce

If one spouse files for divorce in Guadalupe County and the divorce has been delayed (2 years), can the other spouse file for divorce in Bexar county (who has been residing in Bexar county for a year and half now) and complete the divorce action? If so, what happens to the initial filing?

Court dates for family law are only once a month for 2 hours in Guadalupe county and are easily delayed by the opposing counsel. Trial dates are only once a quater. We have been scheduled for a trial date in June and Sept and both have been canceled. Next available date is not until after Jan 2006 or later as the trial calendar for 2006 has not been set by the county.

Dave


Asked on 9/21/05, 7:03 pm

2 Answers from Attorneys
Eric Williams Law Office of Eric L. Williams

Re: Filing for divorce

Unless you somehow get the first case dismissed, that is the court with jurisdiction for the divorce, no matter how long it takes. If you try to file in another county without the first case being dismissed, you could be subject to paying sanctions and attorney's fees, so you don't want to just go off and do that.

If you cannot get a timely setting for trial, you may be able to file a writ of mandamas in the appellate court to order the trial court to set your case.

Read more
Answered on 9/21/05, 7:17 pm
James Grissom Law Office of James P. Grissom

Re: Filing for divorce

Call me. I might have another idea.

Read more
Answered on 9/22/05, 8:42 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas