If I dismiss my attorney will it dismiss my divorce petition?
Full Question:
I have filed for divorce but I do not want to use my attorney any longer. I have expressed this to the attorney. The attorney has filed for a "Dismissal For Want Of Prosecution Docket." Will this dismiss the filing of the divorce? I have since moved since filing for divorce. Can I have that one dismissed and then file Pro Se in the county in which I have lived for over six months?
09/17/2007 |
Category: Courts ยป Attorneys |
State: Texas |
#8813
Answer:
As long as it's not dismissed with prejudice, you may refile. Texas law requires that a suit for divorce may not be maintained in the state unless at the time the suit is filed either the petitioner or the respondent has been:
1. a domiciliary of this state for the preceding six-month period; and
2. a resident of the county in which the suit is filed for the preceding 90-day period.
Please see the information at the following links:
http://definitions.uslegal.com/c/civil-procedure-dismissal/
http://definitions.uslegal.com/f/failure-to-prosecute/
