TX no-fault divorce

[mlbarrie]

What is the name of your state (only U.S. law)? Texas

I wanted a divorce and finally got my husband to do a no-fault w/child divorce pro se (because I thought things would remain simple). When he completed the paperwork (ordered from online) he named himself as the petitioner. I had to sign a waiver of citation-I realize that this gives him the advantage. I am planning on filing a counter-claim just so if he decides to non-suit, the case will still be kept open. If we agreed on everything, can I just basically retype the original petition, but put myself as the lone signer on the petition and file it as the counter-claim?

AlsoI was told if I retained an attorney that he/she could set a court date before the mandated 60 days the petitioner must wait before scheduling. Is this true?

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

I wanted a divorce and finally got my husband to do a no-fault w/child divorce pro se (because I thought things would remain simple). When he completed the paperwork (ordered from online) he named himself as the petitioner. I had to sign a waiver of citation-I realize that this gives him the advantage. I am planning on filing a counter-claim just so if he decides to non-suit, the case will still be kept open. If we agreed on everything, can I just basically retype the original petition, but put myself as the lone signer on the petition and file it as the counter-claim?

AlsoI was told if I retained an attorney that he/she could set a court date before the mandated 60 days the petitioner must wait before scheduling. Is this true?

Why do you believe that it gives him an advantage to be the petiioner?

I think that you probably should get an attorney. Not because you are at a disadvantage, but because you are too confused about the process.

 

[mlbarrie]

He has the advantage because he is in control of when the court date is scheduled.

 

[LdiJ]

He has the advantage because he is in control of when the court date is scheduled.

In the overall scheme of things, that's really not much of an advantage....nor does he necessarily have total control of that.