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What does dissmal for want of prosecution in a divorce mean?

Dallas, TX |

my ex and i file a divorce and then my ex turn in the decree but it was denied by the judge and then it was dissmiss, does that mean our divorce is not final and i will no longer get child support or what

Attorney Answers 3

Posted

One side or another did not file what was needed to move the case along. No divorce has been granted. See a local family law attorney at once to see if the case can be rescued, or if it has to be filed again. There may be a time limit for that - see an attorney promptly.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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Howard M Lewis

Howard M Lewis

Posted

always great and thoughtful counsel!

Posted

I am sorry but it sounds like the case was dismissed and you are not divorced. If you require child support you should immediately go back to court, as that the divorce be refiled, many times they will waive the second filing fee especially if it was a procedural error and seek temporary child support until you can get things back on track. I hope that things work out and take good care.

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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Posted

Every jurisdiction may use different language, but in general it means that your Petition was dismissed because no one was pursuing the claim. In other words, the courts are really backed up and if there is a case filed, but no one is taking action on it, the the court has a procedure to kick it out.

Normally, the dismiss is "without prejudice" meaning it can be reinstated by letting the court know the reasons why you weren't taking action. You normally ask for reinstatement by making a "motion to vacate dismissal." The local court should have someone there to explain to you the process. As I normally do, I would suggest you speak to an attorney in the area for specific advice on how to resolve this issue and the overall terms of your divorce.

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