A divorce petition doesn’t technically expire in the Lone Star State, but a judge can dismiss it. If you fail to make progress on your divorce, a court might issue a Dismissal for Want of Prosecution (DWOP).
This means your case could be halted, forcing you to start over. Missing court dates or not completing the necessary steps can lead to dismissal. It’s crucial to stay on track to avoid this setback.
How do Texas divorce petitions work?
Filing for a divorce in Texas involves several steps and deadlines. Here’s a breakdown:
- Filing the petition: You start by completing the Original Petition for Divorce. This document includes details about you and your spouse, as well as your residence, children and property.
- Paying fees: When you file the petition, you must pay a filing fee. Costs vary by county but typically run $250 to $350.
- Receiving a case number: The court clerk authorizes your paperwork and assigns a case number.
- Mandatory waiting period: You must wait at least 60 days before your divorce can be finalized.
Texas also has residency requirements for divorce. You or your spouse must have resided in the state for at least six months, plus you’re required to show you’ve lived in the county where you’re filing for a minimum of 90 days.
After filing, the court requires you to adhere to strict timelines. Missing deadlines can result in dismissal.
What can lead a judge to dismiss a petition?
Several factors can lead to a DWOP. Missing a hearing is a common reason. The judge might dismiss your case If neither you nor your spouse shows up for a scheduled court appearance.
Both contested and uncontested divorces can be affected by such issues. Unresolved disagreements or incomplete paperwork can also stall your progress.
Steps for keeping your petition active
To keep your divorce petition moving forward, here are some steps to consider:
- Attend all hearings: Ensure you and your spouse attend all scheduled hearings
- Complete paperwork promptly: Fill out and submit all required documents on time
- File a motion to reinstate: If dismissed, file this motion within 30 days to reopen your case
If your spouse is uncooperative, consider:
- Communicating clearly: Try to resolve disagreements outside of court
- Seeking mediation: Engage a mediator to help reach an agreement
- Documenting delays: Keep records of any attempts to delay the process
Consulting with an experienced divorce attorney can help protect your rights and ensure the process runs as smoothly as possible.