What Happens If a Texas Divorce Case Is Dismissed for Want of Prosecution?

A Texas divorce case can be dismissed for want of prosecution if the parties fail to move the case forward or comply with court timelines. This dismissal can occur under Texas Rule of Civil Procedure 165a if there is a failure to appear at hearings or if the case does not comply with the time standards set by the Texas Supreme Court.

When a case is dismissed for want of prosecution, the court’s decision is reviewed under an abuse of discretion standard. If a party has diligently attempted to respond to the court’s notices but the case is still dismissed, this could be considered an abuse of discretion.

Understanding the risks of dismissal for want of prosecution is crucial, especially for those navigating a complex or lengthy divorce process. Staying proactive and responsive to court requirements can help avoid this outcome. If your case is at risk of dismissal, consulting with an attorney can provide guidance on how to keep the case on track and prevent unnecessary delays or dismissals.