What to do if filing for divorce andthe otherspouse has already filed?

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What to do if filing for divorce andthe otherspouse has already filed?

My spouse filed for divorce with a waiver of payment. This waiver was denied and no court date was set until payment is received. Can I file for divorce in my county since that filing has not gone through?

Asked on November 22, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If I understand your question correctly she has not really filed for divorce.  Has there been an index number assigned to the matter?  Have you been served with the divorce papers?  In order to start an action you have to pay money for an index number for the court to open up a file on the matter.  You do not have one here as you have written things so I would go ahead and file away in your county.  You really could file anyway even if she already filed but the matters would most likely be consolidated (brought together as one). You might want to get help from an attorney in your area on all of this. Good luck to you.


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