I'm afraid you cannot contest the divorce itself. If she wants to divorce you, the divorce is going to happen whether you want it or not. You can certainly contest the terms of the divorce (provisions regarding any kids you have together and property terms), but I would strongly suggest that you get an attorney if you want to do that. Filing an answer in the divorce case would be the first step on that, and you can probably figure out how to do that online, but there's a whole lot more to a "contested" divorce than that.
You can contest it, but it will be granted because Texas is a no-fault state. If one party wants a divorce a divorce will be granted. There may be issues regarding division of property or issues related to the children. If you are going to be serious about this you need to hire an attorney.
File an answer to the suit. Try to talk her into counseling. If she wants her divorce, she'll eventually get it. I think counseling for you wouldn't be a bad idea either. If she wants to move on, you'll have to live with it.
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 isues.
The first thing you must do is to file an answer. If you were served with the divorce papers then the citation will have a notice that you have a deadline in which to file an answer. Understanding the deadline in a divorce case can become complicated so it is best to file your answer immediately. Next go online and read the court rules concerning divorce cases. You may have forms to file out as to property division.
Once the answer is filed then you will receive a notice concerning the court dates. You will be allowed to participate in the hearing on the divorce.
This does not mean that you can stop the divorce from taking place. It means that you can contest the terms of the divorce with your participation.
I hope you find this answer helpful.
Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.
Please file an answer once you are served so that you may receive notice of any hearings. If children or property are involved, you may want to hire an attorney to protect your interests. You may represent yourself, but you may not understand the proceedings or what is all at stake. Feel free to call 817 332-2202 with any further questions.
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