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Can a divorce case be dismissed in court? If yes what are the grounds?

Austin, TX |
Filed under: Divorce

There was a temporary injunction that was attached to the divorce petition filed that we both have to follow, The petitioner violated a lot already. Is there a possibility that the case he filed will be dismissed?

Attorney Answers 4


  1. Best answer

    Hopefully , you have filed an answer or some type of appearance in the case, or consulted with an attorney concerning such.
    Temporary restraining orders are only good for 14 days, then they expire unless you have a hearing on the merits or they are extended by the court.
    Travis county has standing orders that attach to each petition, that do not expire. Williamson County does not. Unclear which county you reside within.
    The court only punishes violations that are brought to the court's attention through correctly drafted pleadings and correctly presented evidence. Contempt for violations are something for which you should consult an attorney.
    The case will only be dismissed if he asks the court to dismiss the case. You can not ask the court to dismiss his case.
    I would strongly suggest that you consult an experienced attorney and fast as there are timelines in all court cases.
    I have been practicing in Travis, Williamson and surrounding counties for over 20 years. Please feel free to contact me for further advise and direction. Kathryn 512-218-1536


  2. That's not enough information on which to base an answer. You should discuss the situation in detail with a local attorney.


  3. It depends upon the circumstances. Most courts would rather give the parties the opportunity to correct their behavior and/or their papers before dismissing a divorce case. That is due, in part, because unlike some other types of litigation, people who want a divorce aren't usually discouraged or dissuaded from proceeding by an unfavorable court ruling. A local attorney can tell you specifically what the courts in your area are likely to do. You can search the attorney profiles here on AVVO to find someone. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  4. I am sorry that this is dragging out, most times the courts give the parties room to fix the problems, perhaps you should add some more facts to make it easier for the lawyers to answer. Take care and good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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