Legal Question in Family Law in Texas
Is it still Legal?
My husband filed for a divorce on Monday and left the house on Thursday. I have been told that if he comes back to the house and stays overnight that the papers he had filed are null and void. Is this true? Will he have to refile? The reason I am asking is that I was served my papers last night on the 15th, and he stayed overnight last night and also previously on the 13th. Neither one of us actually wants one. He says that he has to go through with it because he already hired an attorney and had the papers filed.
2 Answers from Attorneys
Re: Is it still Legal?
Wake up and smell what he is shoveling. Yes, the divorce is still active, no matter how many times he stays "overnight"
Protect yourself. If you've already been served, you need to hire an attorney to file the proper responses. Your failure to do so can result in a default divorce. Yes, even if he moves back in. The only way you can be sure that the divorce action has been stopped is if you have an order from the court that the case has been dismissed, and even then I would encourage you to call the clerk's office to confirm that.
Don't let yourself be taken advantage of.
Re: Is it still Legal?
You need to file a document at the courthouse called an "ANSWER" approx. within the next 20 days.
You can go to any law library and get a sample of the form.
Also, many courts will provide you a blank one and you just fill it out and file it with the clerk.
There are many forms available on-line but I don't know their quality.
I do NOT recommend the $40 do it yourself divorce kit available on line. I've seen it and it is not designed for the State of Texas divorces.
Ideally, make 2 copies along with the original. The original does to the court. One copy goes to your husband's lawyer and another copy you keep.
I strongly urge you to retain legal counsel.
Good luck!
Fran Brochstein
www.familylaw4u.com