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Roger, Attorney
Category: Family Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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in process of going to file for divorce this is a domestic

Customer Question

in process of going to file for divorce this is a domestic violence situation as well as a domestic violence case from spouse...he has been saying that he would contest divorce and make long process for does this work for state of texas will they not proceed wit divorce if he contest..i also have a protection order..?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


If the divorce is not agreed to by both spouses, one spouse must file a petition for divorce and claim one of the following grounds:


1. Insupportability.

2. Cruelty.

3. Adultery.

4. Conviction of a felony.

5. Abandonment.

6. Living Separate and Apart.

7. Insanity and confinement to a state mental hospital.


The domestic violence would fall into the insupportability and cruelty categories, giving you grounds to proceed. While he can contest the divorce, he can't stop it if you can prove the domestic violence with your testimony and physical proof.


Here is a link that outlines the general procedure for a divorce:


I would recommend that you hire a local attorney to file for divorce and also ask that the restraining order stay in place throughout the proceedings.