Marriage Counseling Not Divorce

So your spouse wants a divorce but you do not. Let’s say your spouse has even filed for divorce already but you really think this can be worked out through counseling. Usually this comes up before anyone has filed for divorce, however, the Texas Family Code may have a way to allow you to still try counseling when your spouse does not want to.

Texas Family Code 6.505 says “…the court may direct the parties to counsel with a person named by the court.” Unfortunately this does not mean that the Court must honor the request. However, if you request it from the Court and the Court orders counseling, then the parties would be required to go to counseling. The Counselor then would make a written report and submit it to the Court stating whether the counselor believes there is any “reasonable expectation of reconciliation”. If the Court then believes that there is a reasonable expectation of reconciliation then the parties could be ordered to continue counseling for up to 60 days. After the 60 day period if the parties have complied with the Court order and if one party still wants a divorce, then the divorce case would proceed. If, however, after counseling the parties decided to reconcile then the divorce case could be dismissed.