Sexual relations with spouse during pending divorce

UPDATED: Sep 30, 2022

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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


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 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 could simply cause some extra hurdles if you really, really want the divorce.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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