Legal Question in Family Law in Texas

what happens if the plaintiff in doesn't appear at the final hearing? Does the whole process start again or can it be rescheduled?


Asked on 9/15/09, 2:31 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I can't really answer your question with the information provided. I assume that you meant "trial" and not "final hearing".

Here are a few of the options that might have occurred:

1. No one appeared and the court dismissed the case.

a. If so, you can ask the Court to reinstate the case if you act immediately.

b. You will have to start over from scratch and file a new Petition for Divorce.

2. If the Respondent appeared and proved up the necessary testimony under oath and submitted the Final Decree of Divorce then the Judge will sign it and you will be divorced in 30 days.

3. The Court might have allowed the case to stay on the docket. Not likely in Harris County, but it could happen.

You need to determine what is going on. I have access to the Harris County computers since I'm a family law attorney. If you want to pay me, I can help you.

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Answered on 9/20/09, 11:25 pm


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