What are the repercussions of a judge dismissing a divorce?

Can what has already been decided be transferred to a different judge and restart from there? How can a judge even do that- shouldn’t be up to the married persons to dismiss the petition to divorce?

Related Blogs

    This entry was posted in family solicitor and tagged . Bookmark the permalink.

    3 Responses to What are the repercussions of a judge dismissing a divorce?

    1. Hmmmm says:

      It means the claim had no merit. You can file over and over again but unless the charge sufficiently meets the burden of proof, it will likely be dismissed again. It is usually referred to is DWOP "dwopped". Dismissed for want of prosecussion. This usually happens when there is a jury but not always. As long as it is not a final judgement the person can file again, but needs to come with more evidence.

    2. hononegah1988 says:

      The wife and I wanted to dismiss ours 9 years ago, found out by getting a lawyer and having it done would run about 1,000. so the wife and i said heck with, we went and got remarried and save the 1,000….we got remarried on the same day. we’ve been married total 19 years now.

    3. Hal says:

      It varies, but let me give you the answer if it’s in Texas. Texas judges run for re-election every 4 years, and they’re prohibited by ethical rules from discussing how they have ruled, or how they would rule. About all they can really run on is that they are efficient managers of the resources. One way they claim to be efficient is by saying there aren’t any old cases lying around waiting for a trial. So, periodically a judge will send out letters to all the cases that haven’t settled, aren’t set for trial, and have been on the books for several months, saying that if you don’t wrap it up or set it for trial by such and such a date, I’ll dismiss it.

      If the deadline comes and nothing has happened, the judge will dismiss the case. If the parties get a written agreement back before the judge before the 30 day plenary power expires, the judge will usually reinstate the case and then sign the Decree and wrap it up.

      If it’s not reinstated, then it stays dismissed, and it’s as if the court has done nothing, and it’s up to someone to file a new divorce, with a new filing fee, and a new 60-day waiting period.

    Leave a Reply