Legal Question in Family Law in Texas
A friend of mine has a divorce hearing set for Dec 15. She found out today that her soon to be ex-husband has stated that he withdrew his petition for divorce. If she submits a new petition can the divorce still take place on that date?
1 Answer from Attorneys
I don't know what it means to "withdraw a petition." He may have filed a motion to dismiss.
She should contact the District Clerk's office (maybe in person, as opposed to getting lost in the labyrinth of the phone menu) and find out if the case has been dismissed.
If it hasn't been dismissed, she can file a counter-petition (filing fee of ca. $25), which will keep the case alive, and prevent him from later dismissing it.
But none of this has to do with any hearing set on December 15. Do you know what the hearing is for?
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