Sexual relations with spouse during pending divorce
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Sexual relations with spouse during pending divorce
Husband wants divorce but can’t divorce because
I’m pregnant so he has to wait until the baby is born
he is no longer living at home but we are still having
sexual relations in Texas could the case be
dismissed if brought up in court ?
Asked on April 30, 2017 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you and your spouse continue to have sexual relations while the divorce is pending, then it could result in a delay, but not necessarily a dismissal of the divorce.
As long as both people are agreeing to the divorce, then the judge will usually grant the divorce without many questions being asked about "compatibility." However, if your husband wants to be married, but you do not want to be married, then he could ask the judge to require you both to go to marriage counseling since sexual relations is (at least) some evidence that the marriage is not over. Many judges will simply accept the fact that the filing of a divorce action means the divorce is over. However, there are some judges who will grant the divorce only after you and your husband have gone to counseling. So.... not a death nail to the divorce.....it could simply cause some extra hurdles if you really, really want the divorce.
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