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What does it mean when a divorce case is dismissed for want of prosecution?

Houston, TX |

The divorce case was dismissed for want of prosecution. What does this mean?

The divorce was uncontested and there was no property disputed and no children.

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Attorney answers 4

Posted

It usually means that the divorce petition was filed, but service on the respondent failed either because it was not pursued or was unsuccessful, or because the case was never set for a hearing by the petitioner to "prove up" the facts of the divorce and seek a judge's ruling and signature on the final decree of divorce.

There is likely no divorce here. If the case was dismissed, it's probably because the proper steps were not followed in completing it. The petitioner will likely have to re-file in order to get it done.

I recommend seeking the help of a family law attorney in the Houston area to make sure this doesn't happen again and that all deadlines and requirements are met.

*Disclaimer: Visiting or sending communications through this website does not create an attorney-client relationship. The answer to this question is of a general nature. All representations by the attorney in this answer may be affected by and contingent upon additional facts and circumstances of the individual case. Please consult a reputable attorney to discuss a full and complete assessment of your case.

Asker

Posted

Thank you for this good advice. I will do as you say and see about getting a lawyer for my daughter to make sure this divorce goes through without a hitch.

Alexis Ann Kern

Alexis Ann Kern

Posted

You are welcome!

Daniel Seth Williams

Daniel Seth Williams

Posted

Excellent Counsel.

Posted

It means some deadlines were probably missed and the court dismissed the case.

If it just happened, an attorney may be able to help you get it reinstated. Otherwise you will need to file again and pay the filing fees again. You should consult an attorney very soon.

Daniel Seth Williams

Daniel Seth Williams

Posted

Excellent Counsel.

Posted

The court dismissed the case for lack of being pursued or inactivity. You are going to have to re-file.

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

Posted

I agree with all the other attorneys that answered.

Since you did not include the date the judge signed the dismissal, none of us can state exactly what you need to do next.

If it has been more than 30 days since the judge signed the dismissal, then you need to start over from scratch. You will be assigned to the same court. You will need to pay the filing fee again.

If it's been less than 30 days, you need to ask the Judge to reinstate the case immediately. Otherwise, the case will be closed permanently. You will need to file some paperwork and get in front of the judge immediately. I would strongly encourage you to hire an attorney TODAY to get this done. This will save you the money of re-paying the Harris County filing fee - which is under $300.

Good luck!

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