Legal Question in Family Law in Texas

Divorce process

I filed for a divorce before and obtained paperwork myself,divorce decree was not filed correctly and case was dismissed. When i fill out paper work and file, do i file divorce decree by itself and show up at court a few days later or how do i file correctly?


Asked on 5/06/09, 11:47 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Divorce process

If your divorce was "dismissed" then it might have been dismissed for want of prosection (dwop). That means you have to start over from scratch.

If so, you file a document called a petition and pay another filing fee. Then you have to wait approx. 60 days to get it finalized.

The spouse needs to sign a WAIVER OF SERVICE.

If you don't understand, I charge $100 an hour to sit down and go over everything with you.

If the court gave you time to fix your decree, then you need to show up with a new decree. I can't tell from your question if you did the "prove up" questions in front of the judge. If not, you still need to do that in order to get the judge to sign the decree.

If I've totally confused you, then you probably need to pay me $100 and I can meet with you in person.

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Answered on 5/07/09, 12:02 am


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