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How long is the waiting period for a final hearing after an original petition was filed 4 years ago and was not dismissed?

Houston, TX |
Filed under: Divorce

4 yrs ago I filed for a divorce but decided to give 1 last attempt to reconcile. My spouse promised to change but didn't after 5 yrs. I hired a lawyer in 12/12 using the same petition from 4 yrs ago thinking it would be faster. The temp orders we aggreed to 4yrs ago, were not filed so there is no record. We had an agreement meeting 3wks ago where both attorneys made me feel that if I didn't agree with the offer we would have to go before the judge and I might lose out all together. We have 2 real properties they said the residence would have to be sold, but they never address the business property my spouse own. Custodty 1 wk w/me 1wk w/spouse and no child suport, I decided for a jury. My atty is allowing my spouse atty to set the final hearing date in May. Why wait so long for date

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Attorney answers 1

Posted

Never say never, I guess, but I think you may have misunderstood something on all this. I cannot imagine a court having let your divorce case just sit on their docket for four years with nothing being done to move it along. You say you used the same petition from four years ago, and that implies to me that your first divorce case was dismissed, whether you knew it or not (the court can do that all on its own if you don't follow through with things). That means that the new divorce case is subject to the same 60 day waiting period that any other Texas divorce case is subject to. But those 60 days are a minimum, and do not take into account things like the court's trial setting availability, procedural rules regarding various deadlines and date requirements, the lawyers needing to schedule a trial around their other cases, perhaps a requirement the case be mediated first, and ultimately, the hope that given a little time, issues involving kids and properties can be sufficiently researched and negotiated so that a trial won't be necessary. If you're confused about this sort of thing, you really need to talk to your own attorney about it to make sure both of you are on the same page.

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