Hewitt, TX Divorce Law Firms & Lawyers

You can file an agreed Motion to Dismiss (signed by both parties).  However, if no action is taken on the case, then the Court will eventually set the case on its dismissal docket.  If no one shows up for the dismissal hearing to argue as to why the case should be retained on the docket, then the Court will dismiss the case without need of any further action by the parties.  Keep in mind, the downside of waiting for the Court to dismiss could mean months and months of waiting.  The time frame is different for each Court depending on the Judge and the Court's docket.

He is not required to pay your counsel fees at this time as there is no court order, so unfortunately yes he can refuse to give you money. However, if you have the need and he has the ability to pay, the Court may require him to pay all or part of your counsel fees. Consult with an attorney as soon as possible to discuss the matter more in depth. Please keep in mind that you only have 20 days to respond to your Husband's Petition for Dissolution once you have been served, so time is of the essence.

You need to talk with a local attorney and go through all of the details. It may be that your husband wants the same thing you do, that at least half his assets go to his kids. You won't know what is going on until he tells you what he wants.