Legal Question in Family Law in Texas
I live in Texas. My wife file for divorce pro se on May 7, 2015. I have yet to see any paperwork. The children live with me, as she left. Can I file for a divorce on my own to speed things up? If so does the 60 day wait start from my file date or hers.
Asked on 6/05/15, 7:53 am
1 Answer from Attorneys
Thomas Daley
KoonsFuller PC
Yes, you can file a counterpetition in the same court, using the same cause number. The 60 day waiting period started the day she originally filed.
Filing a counterpetition won't speed things up, although doing so might be necessary. To get you case done, you're going to have to set it for trial, give her a minimum of 45 days' written notice of the trial, show up at the trial with a divorce decree ready for the judge to sign, and complete your case that way.
Good luck!!
Answered on 6/06/15, 10:17 pm
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