How can I contest a divorce if we have not attempted to go to marriage counseling first?

My wife wants to file for a divorce but we have not even attempted to attend marriage counceling to try and save our marriage. And I want to be abel to contest the divorce.

Asked on November 28, 2011 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Some states have "fault" provisions that allow one person to fight a divorce action.  Texas, however, is not one of those states.  Texas is considered a "no fault" state, which means that if one spouse really wants a divorce, then the divorce is going to happen regardless of whether or not the other spouse wants it to end.  This being said, you are not completely without options.  Many courts now have standard orders in place which require some basic counseling or course to be completed before they will finalize a divorce.  Usually a copy of this standing order will be available with the district clerk or one of the court coordinators in your county.  You can also visit with a family law attorney to see what other specialized rules are in place in your county that may help with your situation.


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