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The court may dismiss your case if it is inactive. This article tells you how to ask the court to keep your case open or reopen it when this happens. If nothing happens in your case for a while, it can be “dismissed for want of prosecution” (called a DWOP). This article tells you how to ask the judge to (1) retain your case¾that is, keep your case open, or (2) reinstate your case¾that is, reopen your case if it has already been dismissed. What does “dismissed for want of prosecution” or DWOP mean?“Dismissed for want of prosecution” or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice). Before dismissing a case for want of prosecution, the clerk will send you a letter or email that tells you that your case has been placed on the dismissal docket (list of cases to be dismissed on a certain date). See Texas Rules of Civil Procedure, Rule 165a. What does it mean to retain a case?If a case is “retained” it is kept open. If your case was placed on the dismissal docket (but not yet dismissed), you can ask the judge to keep your case open by filing a Motion to Retain Case on Docket and Notice of Hearing. What does it mean to reinstate a case?If a case is “reinstated” it is reopened after being dismissed. If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.) See Texas Rules of Civil Procedure, Rules 165(a)(4). What is the deadline to ask the judge to reinstate my case?You must file (turn in) a completed Motion to Reinstate Case on Docket and Notice of Hearing form within 30 days of the date the judge signed the dismissal order. Exception: If you first learned about the dismissal order more than 20 days after it was signed by the judge, your 30-day deadline to file the Motion to Reinstate Case on Docket began on the day you received notice of the dismissal from the clerk or the day you actually found out about the dismissal (whichever happened first). However, even if this exception applies, your 30-day deadline cannot begin more than 90 days after the dismissal order was signed by the judge. So, the latest you could file a Motion to Reinstate Case on Docket is 120 days after the dismissal order was signed by the judge. See Texas Rules of Civil Procedure, Rule 306(a)(4). Why would I want to retain or reinstate my case?Getting your case retained or reinstated can preserve:
What if the judge does not reinstate my case?If your case is dismissed (and not reinstated), it goes away completely. You must file your case again, pay the filing fee again and have the other side served again (if needed). If there was a legal deadline to file your case and it has passed, you may be out of luck. Talk to a lawyer if there was a legal deadline to file your case. Where can I read the law about retaining or reinistating a case?How do I ask the judge to retain my case?The steps for asking the Court to retain your case can be found in this guide: I want to retain or reinstate a case that got dismissed. Click on the "Instructions and Forms" tab, then on the box that says "Motion to Retain." How do I ask the judge to reinstate my case?The steps for asking the Court to retain your case can be found in this guide: I want to retain or reinstate a case that got dismissed. Click on the "Instructions and Forms" tab, then on the box that says "Motion to Reinstate." Texas Forms for Retaining or Reinstating a CaseSo much effort, time, and thought go into creating a Final Decree of Divorce. If you have been through a divorce, you know exactly what I am talking about. From the time your Original Petition is filed until you or your spouse go before the Judge, Decree in hand, to finish out your case, it is a stressful process that requires patience and a strong will to complete. On top of all this, there is no guarantee that the results of your Divorce will be anything close to what you wanted to achieve. Strong advocates, like those with the Law Office of Bryan Fagan, PLLC, help, but even that is no guarantee. Most divorce cases in Texas conclude not with a trial in front of a judge but in mediation. Mediation occurs shortly before your test is scheduled and is essentially a last-ditch effort to attempt to settle your case. You and your attorney will go to a neutral, third-party attorney's office along with your spouse and their attorney. The mediator acts as a ping pong ball, bouncing back between the room where you are and the room where your spouse is to negotiate the issues in your case—a successful mediation session results in a Mediated Settlement Agreement (MSA). Unsuccessful session results in you and your spouse taking your case to the Judge. Regardless of how your Divorce concludes, the bottom line is that there will be final orders to document, which is the purpose of your Final Decree of Divorce. It encapsulates every order either agreed to or rendered by the Judge in your case. It contains the marching orders that you and your spouse will abide by regarding your children, finances, marital home, retirement funds, etc. It is peculiar and detailed. This is by design. The court does not want any question about how you need to perform to be in accord with your Decree, and the same rules apply to your spouse. As time passes, your Divorce Decree may need to be updatedTimes change. You get older, your ex-spouse does, and more importantly, your children do. Their circumstances or yours or theirs will change inevitably. In the best-case scenario, those changes do not require your Divorce Decree to be changed. However, in some situations, those life changes need amending your Divorce Decree. A Modification of your Divorce Decree can be filed in the same court that heard your original Divorce. If you believe that the change in circumstances of someone related to that Decree has changed so substantially as to merit a modification, then you can do so. This blog post from the Law Office of Bryan Fagan, PLLC, will detail the methods of doing so and tips on how to best ensure a successful result for yourself and your family. A Substantial Change in Circumstances is needed to justify a modification.The Texas Family Code contains the laws that govern modification cases in our state. You need to be aware that the law does not favor modifications except in situations where a substantial change in circumstances has been experienced by one of the parties to the Divorce or a child. The difference in affairs has to have been undergone since the signing of the Divorce Decree. A petition to modify a divorce decree can be filed with your divorce court as soon as one year after the Judge, in most cases, signed the Decree. Most commonly, spousal support, child support, and child custody orders are modified in Texas. Let's walk through each subject in greater detail. Modifying a Spousal Maintenance OrderSpousal Maintenance in Texas is commonly referred to in other states as "alimony." In situations where your marriage lasted over ten years or if domestic violence occurred in your wedding within two years of your Divorce, spousal maintenance can be ordered. Other situations that merit the spousal maintenance award are if you have a disability that causes you not to work or if you are caring for a child with disabilities. If you can show a material and substantial change in circumstances- of either yourself or your ex-spouse- you may be able to modify your orders regarding spousal maintenance. Suppose you are the spouse on the hook for paying spousal maintenance. In that case, you may be able to eliminate the order to pay if you show that your ex-spouse is no longer disabled or if your ex-spouse is cohabitating with an adult with whom they share a sexual relationship. Modifying a Child Support OrderChild support orders in Texas may be modified if the child's circumstances or any party to the Divorce have seen material and substantial change since the order was signed or if it has been three years since the order was rendered or modified. The monthly amount of child support differs by either 20% or $100 from the amount in accord with the child support guidelines contained in the Texas Family Code. Has your ex-spouse's salary increased, allowing them to pay more in support every month? Have the needs of one of your children grown dramatically since the order was rendered, thus justifying a modification? On the other hand- has your ex-spouse allowed your child to live with you primarily? If so, you have the right to request a change eliminating your requirement to pay support as a result. Child Custody ModificationThe word "custody" actually does not appear in the Texas Family Code but is instead referred to as either "possession" or "access." In most cases, you and your ex-spouse are either the managing conservator of your child or the possessory conservator. The managing conservator determines your child's primary residence and has the right to receive child support. The possessory conservator has a visitation schedule set up for them and has the right to pay child support. You or your spouse may modify a Divorce Decree as it relates to possession or access if the circumstances of your child or either party have materially and substantially changed since the date your order was signed. If your child is at least twelve years old, a motion can be filed to have the child confer with the Judge in their chambers as to whom they want to have the right to determine their primary residence. Finally, whichever parent, you or your ex-spouse, who has this right to determine the child's primary residence may voluntarily relinquish the title as primary caregiver to the other parent for at least six months. If this occurs, the parent who gains primary caregiver status may file a motion to modify the divorce decree to name him or herself as the child's primary conservator. Questions on modification cases in Texas? Contact the Law Office of Bryan Fagan, PLLCIf you find yourself with questions regarding modifying a Final Decree of Divorce, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC, today. Our licensed family law attorneys are available six days a week to answer your questions in a free-of-charge consultation. Ebook Other Articles you may be interested in:
Law Office of Bryan Fagan, PLLC | Houston, Texas Child Support LawyersThe Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child support, it's essential to speak with one of our Houston, TX, child support lawyers right away to protect your rights. Our child support lawyers in Houston are skilled at listening to your goals and developing a strategy to meet those goals during this trying process. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles child support cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County. Can you go back to court after a divorce is final in Texas?In almost all cases, you must wait at least 60 days before you (or your spouse) can go back to court to finish your divorce. When counting the 60 days, find the day your spouse filed the Original Petition for Divorce on a calendar, and then count out 60 more days (including weekends).
Can you go back to court after a divorce is final?Later on, it's possible you may need to go back to court. For example, if you need to change a child custody or support order, or one of you doesn't do what your judgment says.
How long can a divorce case stay open in Texas?There's also a 60-day cooling-off period after the initial filing. Legally speaking, a divorce petition doesn't expire. However, if there's no movement over a length of time, a judge can process it as a DWOP (dismissal for want of prosecution).
Is there a statute of limitations on divorce settlements in Texas?There is a two-year statute of limitation to file a suit to enforce against a former spouse. This two-year time period starts the date the original divorce decree was signed by the judge or becomes final after an appeal, whichever date is later. See Texas Family Code 9.003 (a).
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Can you reopen a divorce case in Texas
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