Legal Question in Family Law in Texas

I am trying to help an incarcerated friend. He filed for divorce from his wife in Harris County. Unfortunately, the court was unable to serve her. So he received a notice that the case was dismissed for "want of prosecution". Can he file a motion to have the case re-instated, or does he have to start all over from the beginning?


Asked on 6/08/12, 9:46 am

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

He can file a motion to reinstate IF he does so within 30 days after the case was dismissed; otherwise, he cannot. Even if he asks the court to reinstate it, the court does not have to do so. He will have to set a hearing unless he can find his spouse and she agrees, in which case many judges will go ahead and do it.

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Answered on 6/08/12, 10:28 am


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