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Can my uncontested divorce be dismissed for want of prosecution if we have a waiver on file with the court/district clerk?

Houston, TX |

Wife sent in a Waiver, but it took the court/clerks office a while to file it, before it was posted online, we received papers saying our case could be dwop. One of the clauses stating that the case wont be dwop is a proper waiver on file. A month after we received the dwop notice papers the waiver showed up in their online data base. Can they still dwop our case on that same trial date set on the notice even though we had a proper waiver on file?

online data base shows waiver filed 7/1, notice to dwop filed 7/23. Trial date on notice set for 12/2. Later see the notice to dismiss was "set in error" online. Our case was dwop on 12/9 but i saw the associate judge on 12/19 and he "granted" the divorce. Horribly confused why dwop went forward and associate judge motion set aside.

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Attorney answers 3


Hire a lawyer to help you sort this out. It will probably not take much or be very expensive.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.


I agree with talking with a lawyer. It might be something that can be taken care of with a phone cal. The sad reality is that the court system is overloaded and paperwork gets lost. The new switch to eFiling has caused craziness too!

Talking with someone the courts know may help you sort it out faster.


What court did you have the case pending? There has been an issue with one of the Harris County Family Courts. I think you'll need a lawyer to set this straight.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.