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

Asked almost 2 years ago - 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.

Attorney answers (4)

  1. Maria Sara Lowry

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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.

  2. Alexis Ann Kern

    Contributor Level 10

    1

    Lawyer agrees

    2

    Answered . 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... more
  3. Fran Brochstein

    Contributor Level 18

    Answered . 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!

  4. Daniel Seth Williams

    Pro

    Contributor Level 18

    Answered . 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... more

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Divorce

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

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