Legal Question in Family Law in Texas

Divorce dismissal for want of prosecution

My husband filed divorce and I submitted a general denial. There is a date for dismissal for want of prosecution set (2 weeks from now). Does this mean he would have to start over if he wants to continue with the divorce?

Asked on 11/21/07, 1:00 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Divorce dismissal for want of prosecution

I don't know what county you live in or what court you are assigned to so here is a general answer for Texas --

You can both sign an agreed final decree of divorce and one of you must appear before the judge and under oath read a statement. Then the divorce is final.

If you don't do anything, the lawsuit will be dismissed and you have to start over.

Many courts will allow you to have an extension of time so that you can get the final paperwork done.

If you have not gone to mediation, perhaps the court will allow you time to attend mediation in hopes of resolving any issues you might have.

Good luck!

I suspect neither of you has an attorney. I strongly urge you to hire someone to help you!

Happy Thanksgiving!

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Answered on 11/21/07, 2:31 pm

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