Can someone keep getting an extension in a divorce case? She will not let the divorce go through.
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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 14 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 14 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.
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