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Can my wife and I go to mediation while a plea of abatement order is in effect?

Houston, TX |

We are currently separated and was ordered by the Judge to go to mediation before the divorce can be finalized.

My old lawyer filed the plea of abatement, without my knowledge! I was not in court at that time!

Attorney Answers 3


Why has your divorce suit been abated?

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My old lawyer filed it, without my knowledge! I was not in court at that time!


Yes. Parties can go to mediation at any time. I am an aggressive lawyer, but a big advocate of mediation. It is a good time for both sides to sit down and talk about the issues unique to them. A neutral person is present to help communication, and there is the opportunity to go into another room, away from the other party. I have had several cases where my clients have gone to pre-litigation mediation. I often make it a requirement in a divorce decree for clients to return to mediation before going back to court.

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What was abated? If it was the whole divorce suit, then mediation is a waste of time and money because no suit exists. If it was just one allegation or defense move forward. Your attorney will be able to advice you on how the abatement effected your suit.

DISCLAIMER: This answer is for informational purposes only under the AVVO system, its terms and conditions. This answer does not establish an attorney client relationship. I am admitted only in Texas. I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other issues, 210.501.0880.

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