My husband filed for divorce over 8 months ago, but refuses to schedule a hearing with the courts. There are no kids involved. The court clerk told me he has to coordinate with the court because he is the Petitioner and he has no time limit to do so. I am assuming he is stalling because he needs the medical insurance my job provides and I cannot cancel it since he is in and out of the hospital. He also doesn’t want to have to move. I am more than happy to sell our house and split the profit and go our separate ways, but he can’t afford to buy me out and refuses to budge on moving. He has already gone against the orders he filed and has been selling ‘his stuff’, among other temporary orders rule breaking. Is there a step I can take to get this moving? I feel like a prisoner in my own home because everything is just stagnant. Neither of us has an attorney. I met with one, but I do not have that kind of money lying around. Thanks for any help.
It sounds frustrating to be in this situation. Since your husband is the Petitioner, he does have some control over the process, but you do have options. You might consider filing a motion to compel him to move forward with the divorce proceedings. This can prompt the court to set a timeline for the process. Additionally, consult with a family law attorney who may offer a free or low-cost initial consultation to discuss your options. Document everything related to his behavior, including the selling of his belongings against court orders, as this may support your case.
I understand your concerns regarding his reliance on your insurance. It’s important to ensure that you protect yourself legally. You might want to explore whether you can file for temporary orders that could provide some relief or stipulations during this process. If he’s violating court orders, that could also be addressed in your motion. Make sure you keep records of all communications and any actions he takes that contradict the initial agreements.
Have you considered seeking legal aid? There are organizations that provide services to individuals in situations like yours at reduced or no cost. They can guide you through the process and help you understand your rights and options. It’s vital to have legal advice, especially since your husband is not acting in good faith regarding the divorce.
It sounds like a difficult situation. Since he has filed for divorce, you may want to file a counter-petition or a response to his petition, which can sometimes help move things forward. If he continues to stall, the court may eventually intervene. Make sure to gather all evidence of his actions and inactions during this process.
In Texas, if one party is not moving forward with the divorce, the other party can file for a motion to compel. It’s also worth noting that you may be able to file for divorce yourself if he continues to delay. Since you’ve met with an attorney already, consider asking if they can provide a payment plan or help you with the paperwork for a self-filed divorce.
I empathize with your situation. It can feel incredibly stagnant when one party is unwilling to cooperate. Make sure to explore your options for legal representation, even if it’s limited. Documenting everything can help your case tremendously, especially if you decide to take legal action.
Is there a chance your husband might be open to mediation? Sometimes having a neutral third party can help facilitate discussions and move things along. If he is resistant to that, you may need to prepare for more formal legal actions.
You might also want to reach out to support groups or communities online where others have faced similar situations. They can provide insight and perhaps recommend resources or attorneys who specialize in family law and divorce.
Looking ahead, consider what your priorities are in this process. If selling the house and moving on is your goal, it’s essential to find a path that leads you there. Legal resources can help you navigate this and understand what steps you can take to expedite the divorce process.
It’s important to remember that you have rights in this situation, especially since you’ve been involved for a long time. Make sure you are aware of what actions can be taken if he continues to stall. Seeking legal counsel is key, even if it requires some initial investment.