Legal Question in Family Law in Texas
Divorce Regs
I divorced my wife and a decree was signed by a judge on 9 May 07. We decided to try and make our marriage work while deployed to iraq and because of the military contacted a lawyer to see what one could do. Roughly 45-50 days after the original decree was signed the lawyer submitted for a new trial under the same case number and then filed for an order of non-suit for that case. I am getting conflicting stories from the courthouse and the lawyer. Does the order of non-suit nullify the request for the new trial only or for the entire case to include the originally signed decree. Thanks very much.
1 Answer from Attorneys
Re: Divorce Regs
Nonsuit can be taken anytime before final judgment, thus nonsuit had no effect. Motion for new trial can be filed within 30 days of the judgment, thus court has no jurisdiction on either of your motions. Divorce is final, but you can get remarried.