stopping a divorce

[kaopuacj]

undefinedWhat is the name of your state?Texas
My wife filed for divorce in Texas and I neglected to sign any contest or agreeing with it. Now there is a court date and I do not want a divorce. I still love her and feel with individual couseling and marriage couseling we could work things out. We have two kids and had a very very rocky marriage. She says she still loves me and would agree to this, but I am not sure if she will stop the divorce herself. Can I still consent and get a notorized letter stating the things I said above to put a hold on the divorce until couseling is completed. The court date is in April, I guess by default. ANy advic woudl be nice. Thanks

[LdiJ]

Originally Posted by kaopuacj

undefinedWhat is the name of your state?Texas
My wife filed for divorce in Texas and I neglected to sign any contest or agreeing with it. Now there is a court date and I do not want a divorce. I still love her and feel with individual couseling and marriage couseling we could work things out. We have two kids and had a very very rocky marriage. She says she still loves me and would agree to this, but I am not sure if she will stop the divorce herself. Can I still consent and get a notorized letter stating the things I said above to put a hold on the divorce until couseling is completed. The court date is in April, I guess by default. ANy advic woudl be nice. Thanks

If she is the one who filed, she is the only one who can stop or stall the case.

[Sunlover]

Originally Posted by kaopuacj

undefinedWhat is the name of your state?Texas
My wife filed for divorce in Texas and I neglected to sign any contest or agreeing with it. Now there is a court date and I do not want a divorce. I still love her and feel with individual couseling and marriage couseling we could work things out. We have two kids and had a very very rocky marriage. She says she still loves me and would agree to this, but I am not sure if she will stop the divorce herself. Can I still consent and get a notorized letter stating the things I said above to put a hold on the divorce until couseling is completed. The court date is in April, I guess by default. ANy advic woudl be nice. Thanks

Seek the counsel of a competent Lawyer in your area. Research the divorce laws in your state. In some states, the "respondent", (the person who didn't file, >>YOU<<<), can ask for mediation.

SL

[rmet4nzkx]

Originally Posted by Sunlover

Seek the counsel of a competent Lawyer in your area. Research the divorce laws in your state. In some states, the "respondent", (the person who didn't file, >>YOU<<<), can ask for mediation. The judge would then have to delay the divorce for 3 months and order counseling.

SL

SL it is ok to tell OP to get an attorney or to read the law, but don't give advice when you cannot cite it. How do you know a judge would have to delay a divorce in TX 3 months (90 days) and order counseling when you live in FL and don't even know those laws? Where did you come up with this information?

Here is information about mediation for TX, please be advised there are several forms of divorce, what kind of divorce did your wife apply for and what grounds?
MEDIATION OR COUNSELING REQUIREMENTS: It is the official policy of the state of Texas to promote amicable and non-judicial settlements of issues regarding children and families. Upon written agreement of the spouses or the court's own decision, the court may refer the divorce proceeding to mediation. The mediated settlement of the case is binding if it is signed by the spouses, any attorneys of the spouses, and provides that the agreement is not subject to revocation. In addition, upon request, the court can order both spouses to consult a marriage counselor. If the counselor's report indicates a reasonable expectation of reconciliation, the court can order further counseling for up to 60 additional days. Upon every filing for divorce, the court clerk is required to furnish a statement to the person filing regarding the availability of marital counseling services. In addition, if there has been a history of conflict and difficulties in resolving questions of access to any children, the court may order either parent to participate in counseling. [Texas Codes Annotated; Family Code, Chapters 5-102.0085, 5-153.010, 6.505, and 6.602].

[kaopuacj]

My wife filed a divorce through legal aid of domestic abuse. So it is not your typical divorce. So can ther still be mediation? We both want counseling before it goes through. But I am wondering if it is all to late? And I never signed any papers and time has gone by were it can be defaulted on. Is it possible to contest and ask for mediation. My wife filed through texas and I live out of state?

Originally Posted by rmet4nzkx

Steve it is ok to tell OP to get an attorney or to read the law, but don't give advice when you cannot cite it. How do you know a judge would have to delay a divorce in TX 3 months (90 days) and order counseling when you live in FL and don't even know those laws? Where did you come up with this information?

Here is information about mediation for TX, please be advised there are several forms of divorce, what kind of divorce did your wife apply for and what grounds?
MEDIATION OR COUNSELING REQUIREMENTS: It is the official policy of the state of Texas to promote amicable and non-judicial settlements of issues regarding children and families. Upon written agreement of the spouses or the court's own decision, the court may refer the divorce proceeding to mediation. The mediated settlement of the case is binding if it is signed by the spouses, any attorneys of the spouses, and provides that the agreement is not subject to revocation. In addition, upon request, the court can order both spouses to consult a marriage counselor. If the counselor's report indicates a reasonable expectation of reconciliation, the court can order further counseling for up to 60 additional days. Upon every filing for divorce, the court clerk is required to furnish a statement to the person filing regarding the availability of marital counseling services. In addition, if there has been a history of conflict and difficulties in resolving questions of access to any children, the court may order either parent to participate in counseling. [Texas Codes Annotated; Family Code, Chapters 5-102.0085, 5-153.010, 6.505, and 6.602].

[kaopuacj]

Texas
In response to my question of mediation I wasn't sure how to reply to a stsement, but I will try this way as well. My wife filed for divorce with a dometic abuse legal aid place in texas. So the divorse isn't just irreconciable differecnes. I never signed the papers so a court date was asigned. Can I still contest to the divorse and ask for mediation. She filed in texas and I live out of state. We do have 2 children invovled. They visited me over the holidays and my wife said we could try couseling. But is it too late?

[rmet4nzkx]

Is there a restraining order?
If you live out of state, how are you planning on reconcilation?
It sounds as if she may have filed for a simplified divorce, perhaps by not responding it goes to default, however either party can request mediation/counseling. I strongly suggest you consult a TX family law attorney to assist you in this matter, frankly I don't know if it is too late since you didn't provide all the facts required.

[Sunlover]

Originally Posted by rmet4nzkx

SL it is ok to tell OP to get an attorney or to read the law, but don't give advice when you cannot cite it. How do you know a judge would have to delay a divorce in TX 3 months (90 days) and order counseling when you live in FL and don't even know those laws? Where did you come up with this information?

Here is information about mediation for TX, please be advised there are several forms of divorce, what kind of divorce did your wife apply for and what grounds?
MEDIATION OR COUNSELING REQUIREMENTS: It is the official policy of the state of Texas to promote amicable and non-judicial settlements of issues regarding children and families. Upon written agreement of the spouses or the court's own decision, the court may refer the divorce proceeding to mediation. The mediated settlement of the case is binding if it is signed by the spouses, any attorneys of the spouses, and provides that the agreement is not subject to revocation. In addition, upon request, the court can order both spouses to consult a marriage counselor. If the counselor's report indicates a reasonable expectation of reconciliation, the court can order further counseling for up to 60 additional days. Upon every filing for divorce, the court clerk is required to furnish a statement to the person filing regarding the availability of marital counseling services. In addition, if there has been a history of conflict and difficulties in resolving questions of access to any children, the court may order either parent to participate in counseling. [Texas Codes Annotated; Family Code, Chapters 5-102.0085, 5-153.010, 6.505, and 6.602].

rmet4nzkx,
I said "in some states". Obviously, I am not a Lawyer, nor do I pretend to be one.

Obviously, most good competent Lawyers would not be wasting there valuable time here, giving out advise for free.

SL

[cyana24]

Originally Posted by Sunlover

rmet4nzkx,
I said "in some states". Obviously, I am not a Lawyer, nor do I pretend to be one.

Obviously, most good competent Lawyers would not be wasting there valuable time here, giving out advise for free.

SL

Sunlover
Most of the senior "Family Law" responders like Rmet, steath, nextwife, and many others including me that are not lawyers spend time researching each state's laws, so "we" are reasonably accurate when quoting a state's family law statutes.

[Sunlover]

Originally Posted by cyana24

Sunlover
Most of the senior "Family Law" responders like Rmet, steath, nextwife, and many others including me that are not lawyers spend time researching each state's laws, so "we" are reasonably accurate when quoting a state's family law statutes.

cyana24, good point.

I was just saying that in most states, there are some provisions for mediation and couseling. As far as the exact provisions in any given state, I can do a google search with the best of them.

SL

[LdiJ]

Originally Posted by kaopuacj

Texas
In response to my question of mediation I wasn't sure how to reply to a stsement, but I will try this way as well. My wife filed for divorce with a dometic abuse legal aid place in texas. So the divorse isn't just irreconciable differecnes. I never signed the papers so a court date was asigned. Can I still contest to the divorse and ask for mediation. She filed in texas and I live out of state. We do have 2 children invovled. They visited me over the holidays and my wife said we could try couseling. But is it too late?

The reality of things is that if she wants a divorce she is going to get a divorce, and you won't be able to stop that from happening. Mediation isn't for the purpose of reconciling, its for the purpose of settling matters amicably between the two of you rather than having a judge make the decisions.

If you want a chance to reconcile, you have to convince HER to give your marriage another chance, or at least to go to marital counseling to see if there is a chance. However you can't do that if you are in different states.

[rmet4nzkx]

Originally Posted by Sunlover

cyana24, good point.

I was just saying that in most states, there are some provisions for mediation and couseling. As far as the exact provisions in any given state, I can do a google search with the best of them.

SL

It isn't a question of competent attorneys or not, we ask the state for a reason, because laws do vary considerably from state to state and it is a waste of time to assume, that is not competent advice. You were answering out of emotion related to your situation, and at the same thime that you made this response on another thread, where you commented that that OP should make a false DV complaint to get his disabled wife evicted! You admitted that was totally inappropriate and deleted your post, that's why I came down hard on you here so you don't think you can just start making up laws to suit your personal agenda. Who ever we are, we need to be objective and if you don't know for sure, wait for someone who does or research the question. Always be prepared to support your advice with fact or legal citations.