Divorce Case- Dismiss For Want of Prosecution MTN TO TRCP

Asked 6 months ago - Houston, TX

Okay, file my divorce case uncontested but my husband didn't sign it. My lawyer said if I want progress we need to contest it so she'll be served. Which we did, and pay another $$, but she went on a vacation and so I told my lawyer about it. They said we will wait until she comes back. But I received a letter and couldn't understand it so I called my laywer and she told me my case was dismissed because we only had 30days to served her but we are unable to do so. My lawyer said she will reinstate my case and I've been asking her since last week and I've never received any response. I am almost done paying my payment plan- and couldn't afford to pay additional $$, I think I'm paying too much and nothing happened to my case. im so hope less right now

Additional information

*******I mean my wife**************

Attorney answers (4)

  1. Dorothea Elaine Laster


    Contributor Level 19
    Best Answer
    chosen by asker

    Answered . I have never heard of a case being dismissed after no service for 30 days. Your case must have been pending for a long time. I don't know why your attorney did not attend the dismissal hearing or otherwise request that the case not be dismissed. If the case is not reinstated within the time frame (I think it is 30 days) you will have to pay a new filing fee and start all over.

    Ms. Laster practices in Dallas, Denton, Collin and Tarrant Coun
  2. Maria Sara Lowry

    Contributor Level 20


    Lawyer agrees

    Answered . You need to talk to your lawyer. A lot of time apparently passed since you filed initially.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  3. Adam Kielich

    Contributor Level 18


    Lawyer agrees

    Answered . Divorces are not dismissed within thirty days for failure to serve. I suspect you received a letter stating that your divorce would be dismissed in thirty days after months of no activity on the case and nothing occurred. Talk to your lawyer about the case. This is why you hired counsel.

  4. David Alexander Browde


    Contributor Level 20

    Answered . If your husband didn't sign it isn't uncontested - and process must be served as a contested case within the time limits of the court.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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