Legal Question in Family Law in Texas
Here is my question......I filed for divorse in May of 2009 (year and half ago)....my husband and I went to mediation three months later and agreed on a settlement. BUT....later that week he asked me not file the final decree until we went to counseling. We have been married 20 yrs and have 4 sons....I thought I should at least try again. He still doesn't not live with me and getting back together hasn't gone to smoothly. But neither of us are ready to make that final move to either file or get back together.
MY attorney says I need to decide....on way or the other. To either file the decree and be done with it or close the case and be married. We have already paid $25,000 in atty fees between the both of us and I feel like she is pressuring me to decide. And it is just not that simple.
My question is: is there a specific time that my case can....in effect....sit on her desk without being finalized. She is telling me that if I dont do something my case will be set for a trial. Does it expire? Is there a time limit that my final docs are good for? Or is she just trying to clear her desk???
Thanks for your help.
2 Answers from Attorneys
Based on what you have written, you really need to discuss this with your counsel. Generally, once the case has been filed and additional things have happened, the court will eventually set it for trial (if no resolution is reached). Generally, there are a multitude of things which can happen with divorce cases but the standard timeline is around 12 - 18 months before trial setting. As such, when there are situations which deem necessary, a motion for non-suit is a possibility. You may want to consider having a different law firm assist you with the case.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
Actually, the matter is really simple.
You went to mediation and came to a final agreement. Everything was done. All you needed was the final paperwork submitted to the court to be signed.
Then you went to your attorney and said "STOP"! As an attorney, this is very frustrating!
ALSO, in Harris County, the judges computer sends out a form that sets a case for a "final disposition" date and if the case is not "finished" by that date it is dismissed. Then the judge "closes" the file and the case is over. I bet your attorney has received the SCHEDULING ORDER AND THERE IS A DATE SCHEDULED VERY SHORTLY! Your attorney needs to get the papers submitted or your case is going to be dismissed!
But, it does sound like you are totally confused by the legal process. I can sympathy with your situation. Unfortunately, the Harris County Family Courts are too busy to be very sympathetic with your situation. Their caseloads are overwhelming & their staffs are overwhelmed!
Perhaps you need to go meet with your attorney with a person that you trust and that has a lot of common sense. You need someone STRONG that will help you make a decision.
The legal system is not set up for people that want to "work" on their marriages.
Plus, the judges are now going through an election and on January 2011, there might be a new judges on the bench! The judges want their dockets clean NOW!
Your attorney is probably under pressure by the Judges staff to get this case closed!
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