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Does a divorce petition expire in Texas? From a legal perspective, a divorce petition doesn't expire in the state of Texas. However, if there is no action over a certain period of time, a judge has the ability to process it as a dismissal for want of prosecution.
If you do decide to file a response without a lawyer, there is a specific form that you must use to respond, and it is numbered as Form 4A-104 NMRA. If you do not respond, the court can grant your spouse the divorce and award some or all of what your spouse asked for in the petition.
Absolutely! Many couples reconcile after they initiate divorce proceedings. If only one party has filed a petition for divorce, then only that party has to consent to dismiss the case. If both parties filed divorce paperwork, then both parties must consent to a dismissal.
You are known as the petitioner and you can file a Notice of Nonsuit without Prejudice. Once the judge signs it, your divorce will be dismissed. However, if you and your spouse have both filed paperwork with the court, then both parties must agree to dismiss a divorce case in Texas.
Once the divorce order is entered, the divorce is finalized. The court cannot generally go back and un-grant the divorce because a spouse changes their mind. The only way to set aside a divorce judgment may be to show there was some procedural problem like one spouse was never given notice of the divorce filing.
6 Steps for Responding to Divorce Papers Without an Attorney Read the papers carefully. Know your deadline. File an answer. Fill out the required divorce forms. Pay your fees and file the divorce forms. Get a court order from a judge if necessary.
Unfortunately, there is no exact answer to how long a divorce can be put on hold. In many counties, cases will be put on the dismissal docket if there hasn't been any movement for a few months. That being said, there is a mandatory waiting period in nearly all Texas divorces that lasts for sixty days.
Before those 30 days have passed and preferably before the judge signs the divorce decree, spouses and their divorce lawyers can request that the judge reverse their decision, file an appeal, or file a motion to vacate or modify the divorce decision.