Legal Question in Family Law in Texas

i am in texas and am in the middle of a divorce that doesnt have any children or property to split.my soon to be exwife filed the papers with my waiver that i signed letting her change her name back to her maiden name and now that she has turned in the papers in her name as the plaintiff or whatever she is pretty much holding them over my head to establish continued contact with me. all i need her to do is show up to court (which she has already missed once) with the finalized divorce decree and i can have the marriage desolved. now she is refusing to complete this process and says if i want this divorce i will have to restart the entire process in my name, pay the filing fee and wait another 60 days to set another court date. even though i signed a waiver stating that i did not have to be present at these proceedings can i use the original petition for divorce paperwork and continue the process without having to wait and file again or am i basically hosed because she is saying that i now will have to track her down and have her served in order to be done with this?

Asked on 9/04/12, 7:06 pm

Mark Dunn Mark D. Dunn

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We need more information. Who filed the divorce? You or her?

If YOU filed, and she's refusing to sign off on a decree, you can ask for a trial setting. The Judge will set a pre-trial hearing.

If SHE filed, you can file a counter-petition, and then ask for a trial setting.

Answered on 9/05/12, 1:32 am

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