QUESTION
How long does dismissing a filed uncontested divorce decree take to go away if she does nothing?
Asked on Oct 24th, 2015 on Divorce - Texas
More details to this question:
My wife and I paid a lawyer to write up our uncontested divorce agreement and it was filed by the lawyer in November 2014. I have since been played off and my wife and I have held off on finalizing the process (my wife was petitioner). My wife advised me that the lawyer told her to just do nothing and it would go away vs. having to file a bunch of paperwork to have it dismissed.
2 ANSWERS
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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A filing will be dismissed by the court for want of prosecution (DWOP) by the court's own motion usually 6 months to a year from the original filing if there is no affirmative action by the parties, depending on the court.
Answered on Nov 02nd, 2015 at 3:40 PM
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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If no answer was filed by you in the divorce (which it probably was not, as you claim it was uncontested), your case will be dismissed by the courts in about a year's time for want of prosecution. At that point, your case would be dismissed and closed, so if you decided to pursue divorce again, you would have to start the case from the beginning.
Answered on Nov 02nd, 2015 at 3:40 PM