I've got a question which I cannot seem to find an answer to. I'm hoping someone here can help.

My situation:
Me:38 Homemaker/former elem. teacher
H:39 Successful Physician
Together 20 years, married 17 of them
D13
S8
D4

Husband announced 3 days before Christmas (on 17th anniv.) he no longer loved me and was thinking of leaving. Denied an affair. Was a lie. Having an affair with 21 yr. old. I tried all of the things DB says not to do to save the marriage, and of course it all drove him further away. Moved out Feb. 16. Still seemed conflicted. Did not spend much time with the kids, but also did not mention divorce for the next 8 or 9 weeks, still brought me his paychecks to deposit, still did home maintenance for me when he would come to see the kids, still did things together occasionally as a family.

I found the Div.Remedy book and have been using the DB techniques ever since.

Says the girl is not living with him full-time, but am not sure. Took her on a 4 day weekend trip in mid-April and missed out on several important kid activities that weekend. My MIL was terrified that the girl would use this weekend to pressure him.

Sure enough, found out from a mutual friend that he saw a lawyer the next week and filled out paperwork. Told me that weekend we needed to "talk" about how things were going to play out. Told him I was willing to be very patient, that I did not want a D, that I did not believe in D, was very calm about it. H said it didn't matter, he'd seen a lawyer and things would "move forward" whether I wanted it or not. Spoke again a few days later, with him talking about how to separate the finances, etc. I realized he is very naive about how this will go, but didn't give him any info. on things I KNOW he is incorrect about. (For instance, he wants to use the "no fault" divorce, though he is having an affair!, and thinks the jewelry he's given me over the years will be included in our marital assets---HA!)

H has NOT told me that he filed, just that it would "go forward." But my lawyer called the county clerk's office, so I know his lawyer DID file the papers.

Here's my question: I know, though I can't say how, that there is a section in the papers that say, "It is not necessary to serve Respondent at this time." What does that mean?

We live in Texas, and I have tried to google some results for this, but haven't gotten much concrete info.

Does this mean that they will at first leave it up to him to try to give them to me? Does it mean that the courts will try to notify me first by letter? Is it even an option that he will just "sit" on it until he decides he really wants to move forward? I know that I will have a certain amount of time to respond once I am notified that a D has been filed, but if I'm not to be served, how will I be notified? I am so confused!

Also, does anyone know how long a divorce filing can be "sat on" in Texas until it....runs out? If I'm not notified somehow, will it be dismissed due to inactivity? Is that even an option?

Any help would be much appreciated!


Me:40, xH:41
M:19 T:21
D14, S10, D6
IDLYA bomb:12/22/06
OW bomb (21 yr. old employee):12/23/06
H move out 2/07, OW move in 5/07
D papers served 6/07
D final Nov. 26, 08 :-(