Legal Question in Family Law in Texas
Divorce Case dismissal results
This expands on a previous question. I was common law married in Denton co., and the case has not progressed for nearly 2 years. The case is still showing as active on the Denton county website.
If I were to wait for the case to be dismissed, or ask for the case to be dismissed, what would be the legal ramifications?
1. Would my common law marriage be terminated, due to having been seperated for more than 2 years, or does the fact that she filed make the marriage somehow permanent?
2. Would the temporary orders issued during the case survive termination of the case, or would they terminate with the case?
The bottom line question is: if the case is dismissed for failure to proceed, does that put me back where I was before the petition was filed, or does the fact that she filed at all have lasting consequences.
The temporary orders are very standard and I don't have any issue with them, it's a question of whether we need a new custody agreement, or if the temp orders survive.
I had an attorney, and after 2 years and nearly $20k in fees, I'm still not divorced. I'm not interested in hiring another one.
1 Answer from Attorneys
Re: Divorce Case dismissal results
Your details put this in a whole different light. Your previous question implied that nothing had happened in 2 years. The fact that there are Temporary Orders proves that isn't true. If this divorce has been actively going on for 2 years and cost you over $20k it is way too complicated to address in this venue. Whether you want one or not you really need a new attorney. Good luck.
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