Legal Question in Family Law in Texas
My friend filed a petition for an uncontested divorce. He and his ex were in agreement on everything, no children involved, in agreement on division of the limited property. Now that he has filed she has decided she does not agree with the divorce. She is trying to get money out of my friend who is out a job by the way. How can he stop the divorce petition? Is there a form or can he just go to the clerk where he filed the petition and tell them he would like to withdraw the petition and stop the divorce? Thanks.
3 Answers from Attorneys
He can file a simple motion to dismiss the case. He files it along with a proposed order that dismisses the divorce.
He can drop his petition (nonsuit), but it will work only if she has not filed a counter-petition. Even if he successfully drops the case, she can refile it on her own behalf.
Why stop the divorce? He's already paid the filing fee. Why not hire an attorney and get the divorce finalized?
If his divorce is in the Houston area, have him give me a call for a consultation. I charge $2 per minute to discuss his options.
Texas does not have legal separation.
If they don't have anything, he needs to get this divorce resolved. If she gets pregnant by another man, the husband is the PRESUMED FATHER! He can re-but the presumption but it will be an expensive and complex divorce.
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