My husband of 23 yrs. wants a divorce. We have two grandchildren we have temporary custody of and I do not want to divorce. I feel we can work things out if he will agree to counseling. It will be a very complicated mess if we go forward with a divorce and it will affect our grandchildren's case a great deal. Can I ask the judge to not grant a divorce and court order counseling?
Criminal Defense Attorney
No. Texas is a no fault state and only one person is required to dissolve the marriage. This process will move with or without you if he files. Get a lawyer if he files to be sure your financial interests and the grandchildren are protected.
Brian Tyrone is a licensed Texas attorney. Any answers I provide are not intended to be legal advice, nor do they establish an attorney-client relationship. Because there is no attorney-client relationship established by any answers I provide, you should consult with a licensed attorney in order to understand your legal rights and responsibilities.
Employment / Labor Attorney
You can file a motion asking the court to delay the divorce and order counseling but other than ordering the two of you to show up and pay a counselor, the court cannot force either of you to do more than that. The court cannot require him to take it seriously or reconcile with you. Once counseling ends the court will not order more counseling to delay the divorce.
I think you have asked a few questions about your case, and I am sorry to hear about it. You cannot stop the divorce, but you should speak with a lawyer because there are different ways of proceeding if your goal is to get him to consider reconcile.