If a husband wants to file for divorce for infidelity, can it be done in the midst of a pending lawsuit regarding an automobile accident against his wife?

I thought that you can’t go forward filing for divorce if this lawsuit is still pending since the impact of it would effect the net assets.

Asked on November 5, 2017 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He can definitely file for divorce. It is certainly possible that even if the divorce is granted & final before the other lawsuit is resolved (though it's very possible that the pre-existing lawsuit will resolve first), that he will still be held responsible for a debt which first arose while he was still married, so the divorce might not affect the outcome vis-a-vis the other suit; however, he cannot be forced to remain married by a third-party's lawsuit.

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