Can someone keep getting an extension in a divorce case? She will not let the divorce go through.

My brother’s wife keeps making excuses why she needs an extension. He is in Iraq and came home on leave to show up in court, she apparently petitioned for an extension and got it. They do not live together and have no children together. How can she keep doing this and what should he do to divorce her? She said that if he gives her 4,000 she will sign now. He already gave her 2,000 last year and she did not sign over the same agreement. She will not let him divorce her, is this possible? What can he do? His lawyer doesn’t seem to be helping him and she and her lawyer are very sneaky.

Asked on July 3, 2009 under Family Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your brother needs to get a new lawyer who is going to fight.  In TX, a spouse cannot prevent the other spouse from obtaining a divorce by refusing to sign papers.  If your brother's spouse got the extension of time, your brother needs to wait until it is over and move for a hearing for the judge to finalize the divorce.  The important aspect of this is that the wife's lawyer needs to get notice of the hearing an your brother's lawyer needs to press for a hearing to finalize the divorce.  Your brother's lawyer needs to start objecting to extensions of time and push for final hearings.  The wife should be able to extort money from your brother.  After the extension of time expires, your brother's lawyer needs to press for a hearing with a judge to obtain final judgment. 

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your brother needs to get a new lawyer who is going to fight.  In TX, a spouse cannot prevent the other spouse from obtaining a divorce by refusing to sign papers.  If your brother's spouse got the extension of time, your brother needs to wait until it is over and move for a hearing for the judge to finalize the divorce.  The important aspect of this is that the wife's lawyer needs to get notice of the hearing an your brother's lawyer needs to press for a hearing to finalize the divorce.  Your brother's lawyer needs to start objecting to extensions of time and push for final hearings.  The wife should be able to extort money from your brother.  After the extension of time expires, your brother's lawyer needs to press for a hearing with a judge to obtain final judgment. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.