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I couldn't pay the fees for my divorce - now case shows a date for family trial docket and 'trial on merits'- what does it mean?

Houston, TX |

I filed for divorce end of 2008 along with a pauper's oath to have the fees for the divorce dismissed as I cannot pay them.
My pauper's oath was denied as I couldn't give enough proof and I still couldn't pay the fee on 04/30, the last date that the court told me I could pay the fees for the divorce. My case now shows online on 04/30 'dismissed for want of prosecution'. I thought I will have to start all over filing for divorce. But now it also shows a court date for family trial docket for June 13,2009 with the following: setting reason: trial on merits. Result description:Case disposed-no mediation occurred. Does this mean my case is not dismissed yet and I can still get the divorce if I can come up with the fee the court charges or what is this court date for? Do I have to appear?

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Attorney answers 1


First, if your case was "DWOP'd" or Dismissed for Want of Prosecution, then that usually means that the case is closed and that you MUST start all over again.

Second, if your pauper's oath was denied, then you always can pay the fees and file a divorce.

Finally, the confusing part of your case disposition is that there is allegedly a trial on the merits scheduled. This may just be a mistake according to the computer at the courthouse or with the clerk. I recommend that you call the court coordinator and ask whether your case is still active. Either way, I would say that you definitely should appear at trial and speak with the court's personnel simply to clear things up.

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